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15 October 2021 / Stephen Gold
Issue: 7952 / Categories: Features , Procedure & practice , Civil way
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Civil way: 15 October 2021

Bypassing a judge; Mediation stays come early; DDJs forced out of home; Domestic abuse latest; Pandemic rent challenges; Small claim transcripts

JUST A SLIP

Part 1 The referral to a judge or legal adviser of a request for the amendment of a half-baked perfected order will cause stress. ‘I regret the judge is in boxwork arrears and has to attend to their pension litigation.’ Slip rule amendments will generally be referred up. But the new FPR PD 29D now hiding under court staff desks or (where working remotely) beds, enables a court officer to amend without referral where staff cock-up, obvious typographical error, desirability of improving format (but not numbering) and, so long as the correct details can be verified from the court file etc, where misstatement as to venue of hearing, date of order, identification of legal representatives and date of future hearing. Send in a copy of the PD with your amendment request. Spell-check your communication.

Part 2 Rip up SI 2021/1029 on the new schedule 10 to

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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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