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

28 March 2025

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: SHAKESPEARE IN AN AMERICAN ACCENT?

As the otherwise unmemorable Dick the Butcher declares famously in Shakespeare’s Henry VI (Part Two), “The first thing we do is kill all the lawyers.” Dick is a rioter and is going round London creating mayhem. As usual in Shakespeare the motive for murder is ambiguous – getting revenge for past abuses? or forestalling future prosecution?

Act 1 Scene 3 of President Trump (Part Two) has presented us with a major global law firm, Paul Weiss, being humiliated for its past activities and intimidated into making a pay off and a promise to avoid future specified activities by a gang going round Washington creating mayhem. The firm explained subsequently that it had no option but to comply or it would face commercial extinction. That has not placated some commentators. The Huff Post, for example, said, “Paul Weiss’ acquiescence is the latest example of a great menace stalking the country in the early days of Trump’s second term: cowardice.”

Bravery and a high standard of personal ethics should be part of every lawyer’s CV. But they come at a price. Or as Falstaff observes (also in Henry VI)  “The better part of valour is discretion.”

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

Attorney General’s Lawful Undertaking

Lawyers Slow on the Take-Up of AI? Not In-House, they’ve not!

KYC-K IT OUT with AI

The Costs of a Successful Career

+ CONTRIBUTED ARTICLE OF THE WEEK

FAMILY COURT PROCEEDINGS FAR TOO SLOW – URGENT IMPROVEMENT NEEDED

says DIANA BASTOW

+ LEGAL COMMENT OF THE WEEK

on the Chancellor’s Spring statement, the Duke of Sussex’s Charity resignation, the Civil Aid Consultation and the latest family court statistics

+ APPOINTMENTS OF THE WEEK

at EDWIN COE

LEGAL DIARY OF THE WEEK

Attorney General’s Lawful Undertaking

‘Your Country Needs You!’ – that was the cry that went out from Lord Hermer, the Attorney General, last weekend. This was not, however, to join the armed forces ahead of the forthcoming showdown with the USSR (sorry, Russia) but to add to the country’s army of lawyers.

The setting was the Final of the Bar Mock Trial Competition at the Royal Courts of Justice organised in conjunction with Young Citizens, a national charity working to bring citizenship education to life for children and young people through inspiring school-based programmes.

The Bar Mock Trial Competition is an important part of the legal education programme in which state school pupils compete in mock criminal trials, taking on roles such as barristers, witnesses, defendants and jurors. This year over 3,000 students took part in the competition with The Boswells School from Chelmsford, Essex named the overall winners, followed by The Campbell College, Belfast and Runshaw College, Leyland in second and third place respectively.

.“Many of you want to pursue careers in law, and I think that’s a wonderful thing to do”, said the Attorney General addressing the finalists. “I was state educated, and the first person in my immediate family to graduate from university, and I want you to know that law is a career for you. Don’t let anyone tell you otherwise.”

Exactly who this ‘Anyone’ might be was not clear – it all sounded rather like a harking back to the 2000s – but maybe the AG was on firmer ground when he reflected on his concerns about the threat to the rule of law and the independence of the judiciary. Indeed, what might also have been on his mind were the findings of a study by the Legal Services Board which found that two-fifths (38%) of adults in England and Wales have a low level of legal confidence – but is that confidence in the law or in the lawyers?

Lawyers Slow on the Take-Up of AI? Not In-House, they’ve not!

Writing in The Times Legal section yesterday the law sector’s own IT guru Richard Susskind commented, “AI systems are already impressive at many legal tasks — summarising and drafting documents, legal research, contract management, document review in litigation and corporate work. The systems are not error-free but are improving by the day, fuelled by enthusiastic lawtech providers. More complex tasks would be consumed by AGI — advising and counselling, negotiating and deal-making, settling and resolving disputes, and managing legal risk.”

Susskind went on to point out, however, that many lawyers are either sceptical of AI or reluctant to plunge in and take on the challenge. “Leaders should have the courage to consider and plan for a highly disruptive future,” he said. “They must ask: “What if AGI?” Few leaders look more than a few years ahead — but this myopia might occlude their view of a disruptive long-term.”

A report published yesterday, however, by recruitment consultants Major Lindsey and Africa suggests that at least the ‘in-house’ sector is already embracing AI and doing exactly what Susskind suggests. Having surveyed 152 legal department leaders across seventeen countries ML&A discovered that just 12% of businesses were not considering AI implementation. And hence many in-house legal departments are actively ‘on the lookout for experts to help them implement and expand these tools, and attorneys with technology and change management skill sets are in an excellent position to set themselves apart from their peers when applying for new roles’.

Indeed, well over one fifth of the businesses surveyed already require AI literacy and experience for their legal jobs – and that’s because the enhanced productivity and time saving achieved through AI is already recognised.

This is all based, of course, on the immense benefits of AI for the very busy in-house team. “Because our Legal service uses AI, we are better able to give legal advice to the organization on AI, including AI governance,” said one General Counsel. “We no longer take notes in internal legal meetings: Copilot for MS 365 takes care of that with 90% accuracy. When legal takes a lead on gen-AI it inspires and reassures the rest of the business. There are lots of possibilities to collaborate with other in-house legal. For once, change is fun!”

Maybe it takes the experience of working in the wider world of business to realise what’s going on. As Susskind suggests, those in private practice will need to catch up quick.

KYC-K IT OUT with AI

It’s no wonder that AI is becoming essential to law firms when the costs of ‘Know Your Customer Enhanced Due Diligence’ (KYC EDD) are sky-rocketing and the most obvious way to get a grip is to pull in the assistance of AI (as illustrated above).

According to Daniel Hartnett, Head of Enhanced Due Diligence at LSEG Risk Intelligence, “Industries everywhere are looking at AI to make their lives easier given KYC and EDD costs and the volume of enquiries rises. Law firms involved in financial transactions or services with higher money laundering / terrorist financing risks have particular challenges as regulators have been tightening enforcement actions for non-compliance by law firms. At the same time, many firms lack the capacity or resources to fully meet their compliance obligations. AI can deliver substantial cost efficiencies, expedite reporting, and uncover hidden risks, yet it must be implemented responsibly. A balanced, human-centric approach is paramount to achieving compliance accuracy and effective risk mitigation in this evolving landscape.”

As well as the improved efficiency and cost-savings regularly mentioned in the context of AI one of the specific major benefits when it comes to KYC and EDD is the need for vigilance in the monitoring and automatic updating of due diligence data. And that’s just the kind of thing that AI is good at doing.

With increased global sanctions and mandatory watchlists together with the expansion of digital currencies and crypto transactions (not to mention growing privacy concerns among customers) those terrible twins – KYC and EDD – make bigger demands every day. AI is the perfect nanny to keep an eye on them

The Costs of a Successful Career

There are many prizes in legal life and one not to be overlooked is the award of honorary membership of The Association of Costs Lawyers (ACL).

The latest recipient is Andrew Gordon-Saker the former Senior Costs Judge who held that role from 2014 to 2024.

Among a string of achievements he was an editor of Butterworths Costs Service from 2006 to 2014 and an editor of the White Book from 2012 to 2024 and he has been chairman or a member of sub-committees of all three rule committees (civil, family and criminal) and of the Civil Justice Council.

ACL chair Jack Ridgway said, “Andrew Gordon-Saker was a hugely reassuring presence on the bench for all sides – you always knew you would receive a fair and courteous hearing, while many of his rulings have provided valuable guidance for costs practitioners. He has been a staunch supporter of the ACL and Costs Lawyers for many years and it is now a great privilege that we can call him an honorary member of our Association.”

In reply Gordon-Saker observed, “It is, of course, a huge honour to be admitted to the Association as an honorary member. I have watched the Association and the profession that it represents evolve and grow in stature over the past 30 years. As well as creating the infrastructure of a standalone profession, over that period the Association’s members have adapted and developed the new skills necessary as a result of the huge changes to litigation procedure. They can properly be very proud of what they have achieved.”

Yes, costs lawyers – where would we be without them?

CONTRIBUTED ARTICLE OF THE WEEK

FAMILY COURT PROCEEDINGS FAR TOO SLOW – URGENT IMPROVEMENT NEEDED

says DIANA BASTOW

Parents involved in child custody disputes are still waiting almost 10 months for a decision – despite government promises to cut waiting times in the family courts.

Statistics published by the Ministry of Justice (MoJ) show that private law cases – where families can’t agree on access and need the court to intervene – took an average of 42 weeks last year, just three weeks faster than in 2023.

Data also shows that during 2024, there were 53,697 new private law applications involving 79,196 children.

Whilst the MoJ insists it is committed to improving both the experience and the outcomes of family court proceedings, those affected say it cannot come soon enough.

One father, who asked not to be named, said he had no option but to take legal action after an acrimonious split in which his ex-partner cut off access to their two young children.

“There was nothing I could do apart from go through the courts, but I was horrified when I realised how long it would take,” he said.

“Imagine going from seeing your children every day to months at a time with little more than a phone call. My mental health certainly suffered, and I am concerned about the harm caused to the children as a result of these delays.

“Some damage is irreparable. It’s like you’re on trial for something you haven’t done, and you’re already being punished. So are your children. All because the system is on its knees.”

Ideally, the first hearing should take place within six weeks of an application being issued, but at the moment it’s more like six months. This is not just in cases where there are genuine safeguarding concerns, but in ‘he said/ she said’ disputes too where one parent has restricted or cut off all contact with the child or children. t’s devastating when you have to say to a client who has been stopped from seeing their child for months already that they have to wait several months more. They can’t get that time back.

The reasons for delays go wider than the courts alone. Many cases require a welfare report from Cafcass – the Children and Family Court Advisory and Support Service – before the court will reach a decision, but such reports are also taking a lot longer to obtain. 

Due to legal aid cuts, more parents are also representing themselves in court which adds to delays as they are typically not familiar with the process and need the judge to assist them.

Cafcass reports used to take around 12 weeks but now it’s almost double that. The new powers given to judges to encourage non-court dispute resolution have helped, but both parties have to agree. In some cases that just isn’t possible, especially when one party has made allegations that the other party doesn’t agree with.

So action is needed – and now. The family court system is broken, underfunded and understaffed, and investment is desperately needed before any more families are forced to suffer the consequences.

Diana Bastow is a senior associate at Osbornes Law

+ LEGAL COMMENT OF THE WEEK

TOPIC: The Chancellor’s Spring Statement to “significantly reduce the costs of running government”

COMMENT BY: Nicky Owen, Tax Partner and Head of Professional Practices, Crowe

‘In a “changing world” it was disappointing to see that the Chancellor has not listened to UK businesses and that there was no U turn in the changes to employers NIC that take effect from 6 April 2025. The NIC changes will impact businesses and will stifle much needed growth in the British economy. Businesses have already started reining in costs and looking at ways to reduce the workforce. This will have an impact on working people and the availability of jobs. A growing economy would bring in much needed increased tax receipts.’ 

‘I am all for limiting and restricting tax evasion. However, I am concerned whether we have enough technically skilled people to run and deal with the investigations in a timely basis. An enquiry needs to get to the issue quickly and be dealt with promptly and not to leave taxpayers waiting for responses months on end because there isn’t a technically qualified individual that understands the issue. AI will assist in the process but again skilled people will need to analyse the results

COMMENT BY: Anja Beriro, Partner in the government team, Browne Jacobson

“While governments come and go, the civil service is a fixed asset that steers forward national objectives.

“Therefore, a proposal to cut civil servant jobs – while understandably part of an ambition to make the state leaner – risks the loss of significant brain power and momentum behind delivering on its five missions for this parliament, unless certain issues are considered and acted upon.

“It highlights the importance of ensuring protocols are in place to protect know-how and expertise within the state apparatus from the peaks and troughs of its workforce size, particularly if schemes like voluntary redundancy appeal to civil servants closer to the end of their careers.

“Data collection and AI systems may require upgrading to enable expertise to be shared between departments, which would also help to drive efficiencies.

“But there’s also a need for improved workforce planning, with training and development at its heart, to develop the next generation of civil service leaders.

“From an employment law perspective, any job cuts must be executed very carefully so that they don’t lead to knock-on legal issues for retained employees or for the relevant department.”

COMMENT BY: Scott Primmer, Partner, Reeds Solicitors

” The Spring Statement outlines how the Government intends to crack down on various types of Fraud. Unfortunately, rather than facing head on the costly and difficult tasks facing the tax system,  such as combating international business tax avoidance in the UK and international money laundering, instead they have chosen to focus on picking over the bones of individuals and small businesses going into insolvency and stoking  a business culture of paranoia and ultimately causing distrust in U.K business by incentivising informants that is ripe for abuse.”

COMMENT BY: Claire Boyce, Tax Partner, Freeths

“As expected, given the significant tax changes in the October Budget and despite some rumours about ISA allowances and upcoming IHT reforms, there were no material changes to tax rules in the Spring Statement other than a promise to increase funding for HMRC to focus on tax evasion and tax fraud to bring in additional estimated revenue of £1bn. There was a focus on the controversial PIP and Universal Credit reforms and increases in spending on defence as well as the previously announced planning reforms. There is pressure on the Government as a result of the OBR halving the UK’s growth forecast so it will be interesting to see what further tax changes, we might see in the Autumn Budget given the Labour manifesto pledge not to increase tax for working people.”

TOPIC: The Duke of Sussex’s resignation from the charity Sentebale which he had co-founded to help people in southern Africa living with HIV and Aids

COMMENT BY:  Liz Brownsell, Partner and Head of Charities at Birketts LLP:

“The news this that Prince Harry has decided to step down as patron of Sentebale – the charity he co-founded – in the wake of a dispute between the trustees, and that the Charity Commission has become involved, demonstrates the devastating impact that disputes at board level can have for charities.

Charity trustees should be focused be on advancing the charity’s purposes, but when a board becomes dysfunctional, precious resources are diverted away from that goal in trying to resolve the issues. In this case, the trustees resigned en masse after an attempt to remove the chair failed. Sophie Chandauka reportedly obtained a High Court injunction to prevent the other trustees from removing her after she made a report to the Charity Commission to ‘blow the whistle’ about issues of poor governance. Chandauka is not the first trustee to seek protection as a whistleblower and her success in obtaining an injunction is an interesting development in a potentially shifting landscape for charity trustees.

In October, in a case relating to Dr Nigel MacLennan being removed as a trustee of the British Psychological Society after whistleblowing, the Employment Appeal Tribunal suggested that “the role of a charity trustee is akin to an occupational status” and directed the Employment Tribunal to reconsider Dr MacLennan’s case. We are still awaiting the outcome of that case, which could be a landmark ruling and might significantly elevate the status of a charity trustee from a “volunteer” to a “worker”, providing substantial added legal protection for charity trustees.” 

COMMENT BY: Vanessa Williams, partner in charity law, Excello Law

“The issues which have prompted co-founders Prince Harry and Prince Seeiso of Lesotho to resign from Sentebale are sadly not uncommon. Trustees give their time freely and therefore feel passionately about the cause their charity supports, but this can be where the commonality between trustees begins and ends. Drawn from diverse backgrounds, with widely different skill sets and varying levels of understanding of the high level of responsibility that comes with being a charity trustee, unifying a trustee board can be a real challenge. And when boards fall apart, those same passions that brought the trustees together can create deep divisions with serious consequences for the charity.

“Once the public senses internal conflict in a charity, confidence is eroded and fundraising declines. If trustees resign, a charity can be left with an insufficient number of trustees or a lack of expertise, and, where trustees are removed (as with Sentebale), a charity can find itself defending legal action, further depleting its dwindling resources.

“Ultimately, if a charity cannot find a solution to trustee disputes, it may be dissolved by the Charity Commission, and its assets given to another charity. And those same people who came together selflessly and passionately to support a cause, become the very agents of its demise.

“So, how can healthy trustee relations be maintained? Encouraging open and honest communication between trustees to understand different perspectives and find common ground is key along with early intervention to prevent discord escalating. Sometimes an external perspective can help to de-personalise issues. This may be legal or governance advice or even mediation. Fundamentally, trustees need to take a step back, put personal feelings to one side and remember that it is the charity, not its trustees that matters.”

TOPIC: The Civil Legal Aid consultation. 

COMMENT BY: Yanthé Richardson, President, CILEX

“By acknowledging that there is a crisis in civil legal aid and proposing an uplift in fees, the government is taking a positive step towards reversing the decline in the sector. Unfortunately, as it stands these reforms will not be enough to increase the number of firms willing to take on legal aid work and to train the young people who will be the housing and immigration lawyers of the future.

“The simplification of fee structures will relieve some of the pressure on legal aid providers facing severe administrative burdens but further incentives will be needed if we are to ensure we have a sustainable legal aid sector that enables access to justice for all.”

TOPIC: The newly released family court statistics,

COMMENT BY: Sean Hilton, Family law expert and Managing Associate, Stevens & Bolton

“The statistics published [this week] show a consistency with the year prior. This must allay previously held fears that the introduction of a no-fault system would make it ‘easier’ to get divorced, thus leading to an increase in those couples doing so. What is not reflected in the statistics is the benefit felt by divorcing couples in being able to begin the process without fault or blame, reducing tensions and, where children are involved, supporting positive co-parenting relationships. It has undoubtedly been a positive change to the Family Justice system.

“It is interesting however, that of the 24,17 applications made between October and December 2024 74% were on a sole applicant basis. This must in part show that it is still common for one person to want to divorce the other, but it may also reflect the additional complexity (mainly administrative) of the joint application process. It is simply easier to divorce on a sole applicant basis which could be seen to contradict the spirit of the no-fault system.

“The statistics also demonstrate a concerning reality, which is that many people are divorcing without resolving their financial claims. Whilst 24,171 applications were made for divorce, there were only 11,023 financial remedy applications. This would suggest that over 50% of divorcing couples do not resolve their financial claims, which remain live even after the divorce is finalised. This can have a significant future impact in several ways, but most notably where children need housing and financial support and in relation to pensions. There needs to be better education for couples navigating the divorce process to narrow this gap.”  

+ APPOINTMENTS OF THE WEEK

EDWIN COE

Dennis Lee and Lakmal Walawage have joined Edwin Coe as Partners in the firm’s Intellectual Property team.

Lee was previously at Broadfield (formerly BDB Pitmans) where he headed the IP Department. He is fluent in written and spoken Mandarin and Cantonese, and can advise and negotiate on behalf of clients in Chinese having had extensive experience in IP rights, licensing, business contracts, digital and technology, and internet and IT-related disputes.

WalaWage was formerly with JMW Solicitors where he also led their IP team, having trained at a dedicated IP practice. He specialises in disputes both in the High Court (including the Intellectual Property Enterprise Court) and in the Registry (both EUIPO and UKIPO) and will contribute to his new firm’s trade marks and designs filing and prosecution practice.

“We are delighted that Dennis and Lakmal have joined Edwin Coe during this exciting period of our growth,” said Alison Broadberry, the Edwin Coe Managing Partner. “Their experience aligns perfectly with our strategic focus of Private Capital and Litigation and we look forward to working with them.”

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