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23 October 2014 / Roger Smith
Issue: 7627 / Categories: Opinion , Public , Human rights
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Causes for thought

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Roger Smith provides an overview of the latest human rights news

Gray’s Inn proved a curiously appropriate venue for a Brick Court discussion of whether the common law should break free of Europe. The ghost of the great Professor Dicey might have walked through the wood-panelled walls and joined in the debate. Michael Howe QC would certainly have welcomed his intervention in defence of the challenge of human rights to Parliamentary Sovereignty. The rest of the panel might have prayed him in aid—if he had kept up to date—as an analytical lawyer on the question of whether Mr Howe had correctly understood the case law of the European Court of Human Rights.

The participants had been selected more as representatives for various views rather than in the hope of a constructive debate. Dominic Grieve QC MP was, as usual, sensible. Lord Judge persisted with his disingenuous claim that he just wanted clarity on the role of Parliament and the European Court of Human Rights and had no view on what it should be. Isabella

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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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