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

11 April 2025

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: A Role Model for Doing the Right Thing

Along with a number of other legal journalists I had the privilege this week of an advance briefing by top US law firm Jenner & Block regarding how it is dealing with the threats which it is facing from the Trump regime.

The content was confidential so no names can be given. But what was striking was the calm, civilised, orderly and intelligent defence of the firm’s position – this was in sharp contrast to the fiery aggression and intimidation from the Administration. There was no crude disparagement and no bombast from these US lawyers. Simply a clear, legally-based argument for the justice of the law firm’s position – and where the Administration had got it legally and constitutionally wrong.

At a time when too many of the messages from Washington are angry, vulgar and bullying it was encouraging to see lawyers standing up for decency, clarity, legality. And, above all, something rarely mentioned by the Administration these days – ethics.

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

High-fiving AI’s Impact on Insurance Claims

Excello Crosses the Water

London Assurance

Bobbing for Apple

+ CONTRIBUTED ARTICLE OF THE WEEK

A Reset for the Justice System in Northern Ireland? by Cathal O’Neill

+ LEGAL COMMENT OF THE WEEK

on US tariffs, the Supreme Court motor finance case, the infected blood case, the ‘donated womb’ baby

+ APPOINTMENTS OF THE WEEK

at Pillsbury and Farrer & Co.

LEGAL DIARY OF THE WEEK

High-fiving AI’s Impact on Insurance Claims

Among the many innovative AI implementations in law currently one of the most interesting has surfaced this month from HighFive, the technology subsidiary of HF, the insurance specialist.

Developed in collaboration with the University of Salford, ELI (Expert Legal Intelligence) is what is described as a ‘revolutionary AI-driven claims handling system’. What is different is that ELI’s ‘training’ has come directly from the expert legal knowledge of HF’s own specialist insurance lawyers and counter-fraud experts. Hence the system has been designed to rely solely on the data inputted into it, without drawing from general internet sources which helps to ensure its confidentiality.

As HF points out “The key differentiator of ELI is that it is AI powered by people.  Its foundations are based on the skills and knowledge of lawyers, ensuring it delivers best in class legal decision-making with accuracy, efficiency, and, crucially, compliance.”

“ELI isn’t just another AI solution—it’s built differently,” says David Scott, Managing Director of HighFive, “We at HighFive develop the technology and HF’s top lawyers train it to think like a legal expert. This gives insurers the best of both worlds: cutting-edge AI that is grounded in real-world legal expertise, making claims handling faster, smarter, and more cost-effective.”

As well as supporting the work of claims handlers by carrying out core administrative tasks (such as summarising documents, creating timelines, identifying inconsistencies and improving correspondence) ELI will also review and analyse indemnity, liability, fraud, and quantum along with a number of other key tasks including fraud detection and risk profiling.

A delighted Dr Alejandro Garcia-Miranda Ferrari, the Collaborative R&D Manager at the University of Salford, observed, “At the University of Salford, we ensure our research not only meets the highest academic standards but also translates into practical solutions.” Well that’s good to hear.

Excello Crosses the Water

The ambivalent economic and constitutional position of Northern Ireland was brought into focus again this week by the announcement of the Trump tariffs. With (briefly) a stark differential in rates between non-EU Great Britain and EU Republic of Ireland, where did the North fit? Like most issues right now it had its ‘fifteen minutes of fame’ before being swept aside by an onrush of fresh regulations. But it did raise the question of whether N. Ireland was going to enjoy the best or the worst of both worlds post-tariff settlement.

A good time then, possibly, to open a law office in Belfast?

Well, that is what the fee-share law firm Excello Law led by the charismatic George Bisnought has just done.”Northern Ireland presents a dynamic and evolving legal market, making it the perfect location for Excello Law’s next chapter,” says Bisnought. “Establishing a presence here allows us to support businesses and investors in a region with significant economic potential while offering first-class legal expertise.”

Taking a grip on the new office is the well-known local real estate lawyer Gregory Martin, who will operate as the firm’s Managing Partner in the region. Martin joins from high profile A&L Goodbody, where he served as Head of the Real Estate department in Belfast. “With Gregory’s exceptional track record and deep understanding of the local market, we are confident that this expansion will be a game-changer for both Excello Law and our clients,” said Bisnought.

The Belfast opening follows recent similar moves last year by the firm into Dubai and the United States. It is all a long way from the modest opening of this ‘new model’ law firm some fifteen years ago. It now has well over 200 lawyers a well as four new boutique law firms through its ‘House of Brands’ model. Whatever might happen to the tariffs Excello is clearly set on growth.

London Assurance

Some of the brightest young insurance lawyers in the world are heading to London next month for a week of exposure to the UK legal landscape including time at Lloyd’s of London and exploring new ways to enrich their professional practice. Hosted by Beale & Co the event is part of the career development provision made by Global Insurance Law Connect (GLIC), the global network of law firms with insurance expertise.

“This programme embodies the cross-border collaboration that defines GILC,” says Gillian Davidson, Chair of Global Insurance Law Connect. “As our network continues to expand, the Academy allows a focus on supporting the emerging talent in our member firms. This is an incredible opportunity for six exceptionally talented insurance lawyers to immerse themselves in different professional cultures, integrate international knowledge into their work, and establish lasting global connections. I encourage them to embrace this experience to the fullest, and I wish them every success.”

The selected participants are:

•             Amanda Barbieri Estancioni Cano, Santos Bevilaqua Advogados (Brazil)

•             Arne Hansen, Arnecke Sibeth Dabelstein (Germany)

•             Dion Morley, Duncan Cotterill (New Zealand)

•             Erica Filby, Sparke Helmore Lawyers (Australia)

•             Magnus Guderud, Advokatfirmaet Riisa & Co (Norway)

•             Yvette Jiang, Buren (China)

To earn a place in the programme, applicants were required to be nominated by a partner at their firm and submit a ‘compelling business case’ for their participation. Hope they have a great time (and that it’s not quite all work!).

Bobbing for Apple

It has all the makings of a mini-version of Mr Bates versus the Post Office – except that this time it is Mr Winder Bites the Apple.

Rob Winder is a lawyer with Cartmell Shepherd Solicitors, headquartered in Carlisle and with a string of offices across Cumbria and Northumberland. In other words about as far away as you can get from London and half a globe away from tech-giant Apple.

Rob’s claim to fame came after he championed a widowed client in her battle with mega-biz Apple to gain access to her deceased husband’s online photos.

Apple has strict privacy guidelines in place to prevent people accessing other accounts. But the hard-line lack of flexibility in its protocols or any notion of adopting a common sense approach meant that the woman’s appeals to the company for a little understanding were rebuffed. Undeterred she determined to embark on legal proceedings and take Apple through the courts. Fortunately she hired Rob Winder to be her champion in this David and Goliath case of the individual versus the corporation combat.

Amazingly, after a protracted legal wrangle, Rob Winder and his client emerged as winners. It took twelve months but it resulted in Rob’s client being granted a Court Order ordering Apple to assist her in retrieving the password-protected files.“In this particular case I represented a client who couldn’t access her deceased husband’s Apple ID account and, even though she was the Executor of his Will, Apple would not provide her with the password,” he explained. “In today’s increasingly digital world…a lot of people don’t understand that the process of inheriting and gaining access to these assets can be complex as it involves legal, technical and privacy concerns.”

You can say that again! At the end of it all Rob’s advice is for people to register what they need to do while alive and well so as to spare their heirs a similar hassle. “Make sure your account details and passwords are stored safely such as with your Will so that those you leave behind can deal with them more easily on your death.”

A sobering thought but certainly a wise one.

CONTRIBUTED ARTICLE OF THE WEEK

A Reset for the Justice System in Northern Ireland?

By Cathal O’Neill

Against a backdrop of striking criminal barristers and what has been deemed a ‘crisis’ in Legal Aid by the Law Society of Northern Ireland, the Justice Minister has commenced consultations on a major overhaul and reform of the civil and criminal justice systems in Northern Ireland.

The project, titled the ‘Enabling Access to Justice Reform Programme’ was launched on 2^nd December 2024 under five key themes:

• Improving Access to Justice;

• Ensuring Appropriate Quality Services;
• Ensuring Value;
• Managing Public Funds; and
• Oversight.

Proposals include an amendment to the financial eligibility rules for legal aid funding, rates paid to legal representatives and greater use of private finance to fund claims (including conditional fee agreements, insurance and other commercial financial products).

In addition to funding, the Programme will give consideration to providing access to justice via non-traditional means. Those mediums include information, support, advice, mandatory mediation and online resolution tools. All are to run in conjunction with the traditional Court litigation routes.

Online claim submission, such as that found in England & Wales in the form of the ‘Official Injury Claim’ portal is not currently available in Northern Ireland and this is one of many areas being considered by the NI Department of Justice. Another proposal of note is the exercise of higher rights of audience by solicitors.

The window for consultation responses on the delivery plan and proposed timetable closed on 27^th March 2025. Aware of the scope and ambition of the project, the Department of Justice have acknowledged that the Programme is expected to evolve over time as further evidence emerges through subsequent consultations and concept testing pilots.

The provisional timetable set by the Department of Justice includes the publication of a post-consultation report in May 2025. Thereafter, proposals to reform the merits testing for legal aid eligibility are due by September 2025, along with the publication of a ‘Strategy for Access to Justice’ document, also in September 2025.

Legislative proposals are to commence in May 2025 (to amend the legal aid remuneration rates), and those legislative introductions are scheduled to continue until Q1 2028. Other key dates for practitioners include Q2 2026, when proposals to increase the range of funding mechanisms, such as conditional fee agreements and insurance are scheduled to be put forward.

The scale of the project is at a level not seen in this jurisdiction for some time. All stakeholders await the outcome with keen interest.

Cathal O’Neill is the President of FOIL Northern Ireland and a Partner at Carson McDowell

LEGAL COMMENT OF THE WEEK

TOPIC: US trade tariffs

COMMENT BY: Stephen Green, Commercial Partner, Clarke Willmott

“There are legal avenues available for firms to push back – both through contract law and commercial supply agreements – and now is the time to act.

“Some businesses can challenge US trading partners who pass on tariff and other costs, especially if pricing terms didn’t foresee such disruption or tariffs. Others may have grounds to terminate or renegotiate contracts based on the tariffs’ impact on fulfilment, deliverability or profitability.”

“For mid-sized and larger organisations with existing international supply contracts, there may already be clauses – such as force majeure, VAT or tax provisions, price adjustment or variations, change control, or hardship clauses – that can be leveraged to challenge or renegotiate terms impacted by tariffs, or even pass on the tariff to the other side,” added Stephen Green.

“Meanwhile, industries with strong trade bodies or regulatory oversight, like pharmaceutical, life sciences, tech, and manufacturing, could benefit from collective lobbying or industry-wide challenges. Aligning legal strategies with broader efforts in these sectors may help mitigate the impact of tariffs.

“Firms in supply chains that include cost-sharing, change control or risk mitigation clauses may also have a strong position to challenge attempts by trading partners to offload tariff costs onto them.”

“Early action allows time for businesses to engage legal advice, renegotiate contracts, or challenge tariff pass-throughs, avoiding costly mistakes and making the arrangement uneconomical. It helps preserve long-term relationships with trade partners and minimises operational disruption.

“Businesses that stay proactive are better positioned to adapt to changes in regulations, comply with new laws, and avoid penalties. Additionally, firms that act quickly can strategically absorb new costs, gaining an advantage over competitors.

“Finally, early intervention increases the chances of utilising contract clauses for renegotiation or adjustments, before disruption causes significant damage.”

TOPIC: The current motor finance case in the Supreme Court

COMMENT BY: Kate Albert, CEO of PI specialist insurer, Kova Professions

“The Supreme Court is considering whether previously widespread discretionary commission arrangements in car finance – where brokers set customer interest rates and receive a percentage-based commission – were unfair and breached fiduciary duties. While this case focuses on car finance, it raises wider concerns about similar practices in the insurance distribution chain, especially in the motor and add-on product space.”

“Although the core of this case is about car finance, the Supreme Court motor finance case could also trigger a wave of PI claims.  If the Court rules that these models involved a breach of duty or mis-selling, insurance brokers and MGAs could face scrutiny over historic commission structures, triggering professional indemnity (PI) claims and regulatory action. A secondary result could be that the decision may act as a test case for wider financial services practices, bringing further commission practices into question across other financial lines.  Ultimately this case could test PI as a class to the limit.”

“The impacts on the market will also be felt more widely.  It is very likely that, should the case succeed, the regulator is likely to respond by increasing its focus on commission transparency in insurance distribution – it may announce additional supervisory, reporting or consumer protection requirements that will impact broker business models significantly.”

“Further, changes and claims could rapidly accrue – the impact could be significant for the overall outlook for rates and for customers and insurers. It is quite possible that firms with a large exposure to motor finance (car leasing and sales businesses) may immediately submit wide-ranging precautionary PI notifications relating to their historic sales models – especially those predating the Consumer Duty Act of 2023, as soon as the case receives a judgement.”

“Professional Indemnity insurers are already reacting, and you can, as of now expect closer insurer scrutiny of notification timing, dishonesty exclusions, and whether claims aggregate.  Insurers see the likelihood of significant levels of claims and will look to protect their businesses where they can.  Ultimately this will lead to likely rate hardening and more selective underwriting of insurance brokers, MGAs and AR networks by insurers and MGAs.”

“For those looking to buy PI insurance now, it is worth encouraging clients to audit historic commission practices, review disclosure processes, and document steps taken to ensure fair treatment.”

TOPIC: The latest development in the infected blood case regarding the timeliness and adequacy of the Government’s response to compensation

COMMENT BY: Des Collins, senior partner at Collins Solicitors and adviser to some 1500 victims of the scandal

“We and our clients welcome Sir Brian Langstaff’s continued support for infected blood victims and his commitment to ensuring they receive fair and reasonable treatment after all they’ve endured.

“We agree that there is an urgent need to bring some transparency to the implementation of the Compensation Scheme which has, to date, been a very opaque process. There has been no meaningful participation by our clients in the development of the Scheme and, so far, it seems to be slow in accepting applications and difficult to navigate for those who are invited. Indeed, the process so far is causing significant distress and anxiety to many of the victims and their families.”

“Let’s hope that Sir Brian’s latest intervention will help to bring those responsible for the Scheme to heel and ensure they refocus on the community they are supposed to be helping. We had long feared the IBCS might have similar flaws to the Windrush and Post Office compensation schemes where claimants have experienced difficulties accessing the payments to which they are entitled. Clearly there are lessons to be learned all round.”

TOPIC: The arrival of the first UK baby from a ‘donated’ womb

COMMENT BY: Sarah Williams, Fertility and Modern Family Lawer, Payne Hicks Beach

“ When so many are struggling with difficulties to conceive or carry a child, this historic womb transplant, which is a culmination of remarkable generosity, courage and pioneering medical expertise, may offer hope to others seeking to create a family of their own.” 

APPOINTMENTS OF THE WEEK

PILLSBURY’S

Natasha Atkinson is joining the international Insolvency & Restructuring practice at Pillsbury’s as a partner in the firm’s London office. Previously at DWF, where she served as Head of Restructuring in the UK and internationally, Atkinson’s practice has focused on distressed insolvency transactions and restructurings as well as insolvency litigation. She has led a significant number of high-profile transactions across diverse industries including energy, financial, retail, hospitality, technology, aviation, logistics, life sciences & digital health, and professional services. Her clients include funds, investment and clearing banks, corporates, management teams, property advisors and restructuring professionals. She also has extensive experience in advising offshore banks, with significant related experience in Jersey, Guernsey and the British Virgin Islands.

“Businesses worldwide are confronting a confluence of challenging economic conditions right now, as changes in international dynamics, ongoing geopolitical events and critical supply chain disruptions threaten their bottom line,” said David Dekker, the firm’s Chair. “Natasha consistently manages complex, UK and cross-border transactions and restructurings to help clients successfully navigate these challenges. Her arrival complements our firm’s strong existing Insolvency and Restructuring capabilities and greatly enhances the support we can offer our global client base.”

FARRER & CO

Alex Ruffel is joining law firm Farrer & Co as a partner in its Private Client team. Previously with Irwin Mitchell where she was a partner specialising in complex cross-border tax, structuring and succession planning, Rufel has an extensive track record of advising multinational families, trustees and family offices on complex tax issues and the transfer of wealth including establishing and running trusts and other structures. She has particular experience in acting for clients with links to the Middle East and the Asia Pacific region and her goal at Farrer &C will be to strengthen the Private Client team’s comprehensive offering.

“We are delighted to welcome Alex to the firm as she brings with her more than 20 years of experience looking after significant global families,” said Sarah von Schmidt, Private Client Partner at Farrer & Co. “Alex has a strong reputation blending deep technical expertise with a focus on acting as trusted adviser across generations and so is perfectly suited to our approach.”

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