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

4 April 2025

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK:

US Justice – not just blindfolded but gagged?

Today the Council of Bars and Law Societies of Europe (CCBE), which represents lawyers in 45 countries, issued a powerful condemnation of the measures adopted by the Trump regime towards lawyers and law firms simply because they were doing their jobs in the time-honoured system of justice in democratic societies.

That the CCBEwas felt necessary to issue such a statement illustrates powerfully the disintegration of integrity and respect for law in the US Government. As Hugh Mercer KC, Chair of the Bar Council’s International Committee, said, “We are shocked by the political interference and retaliatory action inflicted on the American legal profession by the US Government. Lawyers should be able to represent their clients without fear or favour, yet our colleagues are coming under sustained attack. Politicians should be upholding the rule of law and respecting the separation of powers rather than seeking to undermine a legal system of which they should feel justly proud.”

So we know where US Justice huddles now. What we don’t know is where she might be kicked on to next.

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

Introducing the ICC’s Magnum Opus

New Toolkit for Lawyers Working with Neuro-Divergent Clients

Shoosmiths Hoping for AI Bonus

Clarke Willmott Getting its Ducks in a Row in Somerset

+ LEGAL COMMENT OF THE WEEK

on Trump’s ‘Liberation’ tariffs, EU plans for GDPR reform, the Assisted Dying Bill, US interference in the Online Safety Bill, the landmark car financing case, the third anniversary of ‘No Fault’ divorce

+ APPOINTMENT OF THE WEEK

WEDLAKE BELL

LEGAL DIARY OF THE WEEK

Introducing the ICC’s Magnum Opus

The International Chamber of Commerce (ICC), home to the ICC International Court of Arbitration, has launched a new version of ICC Case Connect that is now powered by Opus 2. “This cutting-edge digital platform is designed to transform dispute resolution through streamlined workflows, secure collaboration, and enhanced case management capabilities,” commented the ICC.  

This major step is designed to leverage technology to improve arbitration efficiency for everyone. “The ICC Case Connect powered by Opus 2 modernises processes with a seamless platform for document sharing, case management, and ICC Court decisions — all in one place,” said Ana Serra e Moura, Deputy Secretary General of the ICC International Court of Arbitration. “It has been redesigned for the way business works today, helping dispute resolution become more efficient”, she added.  

ICC’s collaboration with Opus 2,ensures the new platform refines case management processes with improved tools integrated within a more intuitive interface. Serving more than 8,000 arbitrators, the platform should provide a secure, centralised, cloud-based environment where all stakeholders — parties, arbitral tribunals, the ICC Secretariat and Court— can collaborate seamlessly and securely from anywhere in the world. 

 The platform is calibrated to address the scale and complexity of ICC arbitration, adding more process efficiency from case initiation through to resolution, including: enhanced efiling, secure digital document management, dedicated party and arbitrator portals, financial management, advanced administrative efficiencies, customisable user accounts and self-registration for arbitrators.

“We’re incredibly proud of what we have built with the ICC. Collaborating with them on this project has been a real pleasure,” said Charlie Harrel, Chief Operating Officer at Opus 2. “We are now uniquely able to support arbitration practitioners at any stage in proceedings, from case inception through ongoing case management, and of course, at the hearing itself.”

New Toolkit for Lawyers Working with Neuro-Divergent Clients

With increasing numbers of people being diagnosed as neuro-divergent it is no surprise that their associated conditions are being felt in law offices. So whether lawyers are sufficiently prepared to engage effectively is a matter of growing interest. As has been pointed out recently by Family Law in Partnership (FLiP), “It is estimated that around 1 in 5 people are neurodiverse, both in the UK and the rest of the world.  Yet our family justice system is built by, and for neurotypical people.”

To address the practical challenges that arise the lawyers at FliP in conjunction with members of FLANC (Family Law Advice for the Neurodivergent Community) have developed a scheme of best practice and a toolkit to help legal practitioners support neurodivergent individuals through Non-Court Dispute Resolution processes (NCDR).

The NCDR toolkit aims to assist a range of professionals including mediators, family solicitors, barristers and arbitrators to support neurodiverse clients and help them to access negotiation, mediation, arbitration and collaborative practice.  It includes guidance on screening clients and tools that can be used to better understand individual need.

Elizabeth Fletcher, a Director of FLiP who is also a Mediator and Collaborative Practitioner, explains: “In my experience NCDR processes are usually more effective for neurodiverse individuals as there is a level of flexibility that means the process can be tailored to individual needs.  I hope the toolkit will support NCDR practitioners in making adjustments to processes, so that more of the neurodiverse community are able to experience the benefits of an NCDR process in family separation and divorce.”

The NCDR toolkit, including the All About Me document, can be accessed here: www.flanctoolkit.org

Shoosmiths Hoping for an AI Bonus

The drive by lawyers to adopt AI has been given an extraordinary zap of energy at Shoosmiths by the firm’s offer of a £1m bonus pot for staff in its new financial year if they can achieve one million Microsoft Copilot prompts.

Under the motto of accelerating ‘smarter, faster, better client service via AI adoption’ the firm is putting AI front and centre in its strategic planning. “We believe AI is a powerful enabler—one that can help us deliver smarter, faster, better results for our amazing clients beyond what any other law firm is doing,” said David Jackson, the firm’s CEO. “This initiative is about creating a culture where everyone plays a role in embracing change and using technology to raise the bar on client service.”

“Our passion for innovation is driven by our deep focus on client outcomes. We don’t fear AI—it won’t replace our people. Instead, it frees them to spend more time on the human-to-human work that really matters: solving problems, building trust, and supporting clients through complexity.”

The firm explains that if every staff member uses Copilot just four times per working day, then the one million prompt target will be ‘comfortably exceeded’. Usage will be tracked and shared across the firm, with monthly updates to encourage collaboration, learning and momentum. Shoosmoths is supported in its AI ambitions by a partnership with Microsoft as an ‘early adopter’ of Copilot across its operations.

Clarke Willmott Getting its Ducks in a Row in Somerset

It is not really for the Legal Diary to comment on the state of English Cricket but it could not escape the notice of anyone who watches the news that the sport in this country is in a pretty messy state. Indeed for an English cricket team not to be demolished when playing anyone from the southern hemisphere is itself a major achievement. And this applies, sadly, to men and women alike.

So full credit to Clarke Willmott for not shying away from this sad scene of failure at the national level but to persevere with its support for its local county team, Somerset County Cricket Club (SCCC), with the new season starting this weekend. Having provided the club with legal advice for over 30 years, the firm will remain as one of Somerset’s Preferred Legal Partners for 2025. In addition it will continue with its partnership deal with the county and now extend it to include both men’s and women’s professional teams.

“It is a privilege to support the Club’s first ever Women’s team and we’re looking forward to again cheering on the teams this year,” said Kirill Bingham, partner and head of Clarke Willmott’s Taunton office “The Club continues to go from strength to strength and we are proud to be able to continue our partnership and offer the support we can.”

“This year is a momentous one for Somerset CCC as it marks our 150th anniversary,” said Caroline Herbert, SCCC’s Commercial Director. “When you add the introduction of Somerset Women into the mix alongside the impressive performances of Somerset Men in recent years, it promises to be an incredible 12 months, and we are delighted that Clarke Willmott will be a part of that journey.”

LEGAL COMMENT OF THE WEEK

TOPIC: Trump’s ‘Liberation’ Tariffs

COMMENT BY: Bina Gayadien, Global Mobility and Employment partner, Spencer West LLP

“The tariffs will undoubtedly have a negative impact on both consumers and businesses. The immediate impact will be inflationary as costs and thus prices will rise across the world. 

For UK businesses,  tariffs create trade barriers that are likely to hamper growth. Lack of growth may worsen the economic outlook potentially leading to higher taxes and job cuts.

In my industry – Global Mobility and Employment-   tariffs could reduce demand and therefore international operations or expansions may need to be scaled back or scrapped. Companies with international operations in regions like Asia may decide to cut costs by sending fewer people on international secondments. This would directly affect the companies supporting UK businesses with their international relocations including tax, immigration, and relocation providers. Does that mean that we will see operations moved from Asia to the US? I am not sure.

Much will depend on how other countries respond and if the US makes any changes to the recent announcements.”

TOPIC: PROPOSALS BY EU TO CUT-BACK ON GDPR REGULATIONS

Comment by: Dr Ilia Kolochenko, CEO, ImmuniWeb

“I am not surprised by the looming overhaul of GDPR after almost 7 years of complaints about it from all impacted stakeholders – including data subjects, data controllers and processors. In its current shape, GDPR creates more harm and hurdles than any palpable benefits.

According to numerous research and reports, most data subjects do not feel that their data is better protected. While many experience the growing GDPR fatigue, such as omnipresent and annoying cookie banners, some of which require several clicks and scrolling to disappear. Worse, many unscrupulous organizations utilize Dark Patterns to mislead individuals and track them against their will, while still wasting their time with consent walls and irritating banners.

Data breaches are likewise surging, while national DPAs in the EU member states have pretty different enforcement priorities and thus polices, creating inconsistent and uncertain enforcement of GDPR. Foreign companies are spooked by the EU’s GDPR, AI Act and DSA – just to name a few – and rather go to the US or UK, where the regulatory landscape is more friendly for businesses (but not less complicated). Therefore, the eventual revision of the GDPR is certainly needed and will likely make EU countries more attractive for businesses, while better safeguarding our personal data in practice.”

TOPIC : The Assisted Dying Bill and Sir Max Hill’s warning ‘Not to kick the can down the road’

COMMENT BY:Louise Lewis, partner and national head of trusts, estates and tax, Freeths

“This is a highly emotive debate with strong opposing views on both sides. However, I stand by what I said previously about the revised Bill having created a system which is better fit for purpose. Having a panel of experts in this field means more safeguards are in place to ensure that there are no undue influences put on people who wish to make a decision for themselves about how they end their lives. I agree with Sir Max Hill’s comments: with an ageing population and more awareness of how awful some terminal illnesses can be, it should be everyone’s choice to end their own life in the way that they wish and with dignity. This would absolutely not create a national death service, but rather a health system that allows people to take control of the end of their life and create their own positive ending.”

TOPIC: The suggestion from the US State Department that the proposed UK Online Safety Bill will restrict freedom of speech

COMMENT BY: Iona Silverman | Intellectual Property & Media | Partner | Freeths

“US state department officials have challenged Ofcom, with concerns that the new Online Safety Act risks infringing free speech. The UK Government has been clear that the Online Safety Act is about tackling criminality, not censoring debate. Netflix’s recent TV drama Adolescence recently brought to life the very real risks that children, and the population at large face, if social media is left unchecked.

The UK Government is right to have put in place legislation to tackle illegal content, and material that could be harmful to children. We absolutely cannot let social media companies, and internet users, to continue to make available harmful content.

Of course, it is important that the UK respect and protect freedom of expression, but that does not mean that checks and balances should not be put in place to protect the public. This has become a politicised debate and irrespective of political views, we should not lose sight of the main aim here, which is to protect people and in particular children.”

TOPIC: The appeal sin the Supreme Court this week on the landmark car financing case

COMMENT BY: James Evison, Partner at Stevens & Bolton

“This is a nail-biting timefor the motor finance industry. Us lawyers are very interested in the legal principles the Supreme Court is considering around commission payments. However, it is the commercial implications of the upcoming decision that will be keeping the finance industry up at night. Another PPI style compensation scheme could have seismic consequences – and not just for the industry but the wider economy too. HM Treasury was so concerned about the impact that it recently sought – unsuccessfully – to intervene in the case, with a view to seeking an outcome that was fair and proportionate for consumers, whilst not destroying the motor finance industry. It will likely be a few months before we have the Supreme Court’s decision. Until then we’re on tenterhooks”.   

“The industry then faces yet another challenge later this year in the form of an FCA report into potential compensation for historic “discretionary commission arrangements” banned in 2021. A potential double whammy! It is obviously right that consumers are protected and recompensed where things have gone wrong. However, in a time of geo-political uncertainty and looming tariff wars, it is also in all our interests that the motor finance industry comes through this.”

TOPIC: The third anniversary of ‘No Fault’ Divorce

COMMENT BY: James Grigg, partner and head of family law, HCR Law

 “The long-awaited introduction of no fault divorce has been widely welcomed, but it has had some unintended consequences.

Previously, being able to apportion blame at the start of the process by citing a spouse’s adultery or unreasonable behaviour was important to many people on a psychological level,  serving as a therapeutic step in the healing process. The removal of fault in the divorce regime, as a legal concept, is straightforward. However, removing it from the human psyche is far more complicated. 

In my experience, the new divorce regime has led to more spouses littering financial statements with allegations of bad behaviour which, invariably, have no impact or relevance on the financial settlement. This is happening more than we saw under the old system and it often fuels animosity, resulting, ironically, in increased costs and delays.

No fault divorce is a success in many ways, but this shift shows that removing blame from law is easier than removing it from human nature. Clearly, there’s still some work to be done!”

Comment: Clizia Motterle, senior associate in the family team, RWK Goodman

“No fault divorce was hailed as a much-needed change, strongly advocated by practitioners through Resolution.  It certainly has been such.  It has fundamentally shifted the mindset of separating parties and family practitioners away from focusing on what had gone on in the marriage and who was to blame for its breakdown.  In doing so, it has vastly reduced the conflict which the previous regime would ignite at such a sensitive and emotionally charged time, encouraging a more constructive and solution-focussed approach.  

The distress, anger, and frustration that so often surround the breakdown of a marriage, however, have not disappeared and it is important that we continue to acknowledge that.  They are emotions which separating individuals will need to process, and which they can no longer channel into lengthy particulars of unreasonable behaviours or statements dealing with conduct, the scope of which remains very limited in matrimonial proceedings.  Rather, and far more appropriately, different avenues are being explored, often more therapeutically informed, to provide that much needed acknowledgement and support, and enable individuals to truly move forward.”

APPOINTMENTS OF THE WEEK

WEDLAKE BELL

Hollie Gallagher is joining Wedlake Bell as a corporate partner. Formerly with BDB Pitmans where she was a Partner in the Corporate and Commercial team, Gallagher has 20 years experience advising entrepreneurs and businesses on all stages of the corporate life cycle. This includes corporate governance and company advisory work, commercial contracts, shareholder arrangements, joint ventures, management buyouts  and the acquisition and disposal of private companies.

“We are thrilled to welcome Hollie to the team,” said Managing Partner, Martin Arnold. “Her impressive track record advising entrepreneurs and growth businesses will  continue to strengthen the depth and breadth of our client offering. Our Corporate team has had a fantastic year and Hollie’s appointment is a strategic addition that reflects our ongoing commitment to meeting the evolving needs of our clients in an increasingly complex commercial environment.”

Hollie Gallagher added, “I’m excited to join Wedlake Bell and I look forward to working with the talented team here to provide exceptional legal services to our clients.”

In addition to the hire of Gallagher the firm has promoted four new members to the partnership.

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