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01 November 2024 / Stephen Gold
Issue: 8092 / Categories: Features , Procedure & practice , Civil way
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Civil way: 1 November 2024

Sexual harassment law in; Evidence from abroad; Cladding clarifications; Court lists to look odder; FPR changes; The perils of statement drafting; And going to court!

SHIFT TO PREVENTION

The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force in England, Wales and Scotland on 26 October 2024 (see ‘Civil way’, 173 NLJ 8049, p17). The law on sexual harassment in the workplace is strengthened but not as far as had been intended. A duty is now on the employer to take reasonable steps to prevent it and a compensation uplift if a breach.


AROUND THE WORLD FOR WITNESSES

The Foreign Office has updated its guidance on taking and voluntarily giving video evidence from abroad in UK court and tribunal cases without losing the feed or being executed or banged up. The position in each country of which it has heard is summarised. Permission for giving evidence from France has not been forthcoming. Ditto Greece, Cambodia, Cuba and Egypt, but work is ongoing in seeking to obtain agreement

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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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