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24 October 2025 / Charles Wynn-Evans
Issue: 8136 / Categories: Features , Human rights
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Book review: On the Law of Speaking Freely

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"This book displays an admirably succinct mastery of its inherently controversial subject matter"
  • Author: Professor Adam Tomkins
  • Publisher: Bloomsbury Publishing
  • ISBN: 9781509972104
  • RRP: £24.99

Free speech is undoubtedly one of the most important and controversial issues of our time. ‘Cancel culture,’ the gender-critical/realist debate, the definition of Islamophobia, prosecutorial decisions in relation to the Public Order Act 1986 offences concerning threatening or abusive behaviour and harassment, alarm, or distress, and the scope and application of the Online Safety Act 2023—these all, in different ways, bring into sharp focus the controversies that arise in relation to free speech, whether in the context of online safety, media regulation, educational environments, or the workplace.

The controversy, and on occasion toxicity, that can accompany discussion of free speech cries out for a detailed analytical assessment of the legal aspects of the issue. This new work by Professor Adam Tomkins, John Millar Chair of Public Law at the University of Glasgow, rises impressively to this challenge, adroitly and fluently placing

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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