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28 February 2008
Issue: 7310 / Categories: Legal News , Public , Legal services , Family
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In Brief

News

FAMILY AFFAIR

Family court procedures will be simplified and legal language modernised under plans announced this week by the government. A single unified code for family proceedings will be introduced, replacing the three different sets of rules which family court users currently have to consult. Archaic terms will be replaced with easier language: a decree nisi will be known as a conditional order; and a divorce petition will become an application for a divorce order. People involved in family proceedings will be able to serve court documents on each other by e-mail.

 

SURVEILLANCE SOCIETY

The current legal framework surrounding surveillance is “complex and unsatisfactory” and needs replacing, the Law Society says. The call follows the release of the Rose Report into Surveillance in which Sir Christopher Rose said that since 2005 there had been “no authorities for directed surveillance of legal visits in England and Wales to prisoners in custody in relation to terrorism or other matters”. However, the society says the scope of Rose’s inquiry was limited and it is calling for a more thorough review. Society president Andrew Holroyd says: “It is clear…we are living in a surveillance society...we would urge the government to take the opportunity to launch a more thoroughgoing review of the legal and practical safeguards that are needed to ensure our continuing rights and freedoms.”

 

RETIRING TYPES

The retirement age for recorders, deputy high court judges, deput y district judges, deputy masters and registrars is to be raised from 65 to 70, the lord chancellor, Jack Straw, has announced. It has been the policy since 1998 that those in such judicial posts should retire at 65 instead of their statutory retirement age of 70. However, the lord chancellor has now reviewed this practice and made the changes with the agreement of the lord chief justice, Lord Phillips. This brings the retirement age into line with the statutory retirement age for most judicial posts.

Issue: 7310 / Categories: Legal News , Public , Legal services , Family
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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