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13 October 2017 / Stephen Gold
Issue: 7765 / Categories: Features , Civil way
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Civil way: 13 October 2017

Debt protocol is here; 20% of His Honour; ‘Stop it!’

RAGBAG

Unspecified claims go online—for some A county court pilot was introduced by the 91st CPR update running from 12 September 2017 to 30 November 2017 to enable selected legal representatives to issue unspecified (and specified) claims at the CCMCC using the CC Online website and with the representatives effecting service.

Your Family Court Needs You! The acute shortage of family beaks is being addressed by changing the rules. Direct recruitment into the Family Court has started for new magistrates within London, Birmingham and Greater Manchester before roll out more widely. For the initial period, the eligibility criteria have been relaxed so that no role or occupation is being explicitly prohibited. Presumably, spouse beaters need not apply.

Worth the wait? For those granted a decree nisi of divorce in the April–June 2017 quarter, the average time from petition presentation to that point of ecstasy was 23.3 weeks.

Remember that the long awaited pre-action protocol for debt came into force on 1 October 2017 and

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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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