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01 December 2023 / Stephen Gold
Issue: 8051 / Categories: Features , Procedure & practice , Civil way
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Civil way: 1 December 2023

Judicial poses; Juniors may speak; Dodgy drafting; Fees hike promised; Business tenancy opposition

SAY CHEESE

Someone has cottoned on to the jeopardy presented by the taking of those delightful post-adoption order photographs at court with child, family and judge. No, not the ceiling falling in but a prosecution for breach of s 41 of the Criminal Justice Act 1925 which prohibits snapping in court or its precincts. The Courts (Prescribed Recordings) Order 2013 (SI 2023/1124) rushed into force after 96 years on 24 October 2023 has come to the rescue. It disapplies the prohibition for adoption ‘ceremony’ stills where taken after the proceedings and authorised by the court and undertaken in accordance with the court’s instructions.


JUNIOR SLEEP TO BE INTERRUPTED

First, Mr Justice Foxton expressed pleasure at the increasing frequency with which junior advocates have been undertaking some of the oral submissions in the commercial court. Now the good and the powerful, headed by the Lady Chief Justice and Master of the Rolls, have got in on the act with

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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