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01 November 2018
Issue: 7815 / Categories: Features , Civil way , Procedure & practice
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Civil way: 2 November 2018

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Carry on testing; lawyer bypass regrets; better reception likely.

Assault in Petty France

The Ministry of Justice (MoJ) is beating itself up. As its online divorce project progresses, its consultation is taking place on abandoning any degree of fault as a basis for obtaining a divorce. The irony is that if the MoJ was thoroughly sick of itself it would have a prima facie case of unreasonable behaviour against the MoJ.

As to the project, the target is to extend the online service, which is currently being tested with a small group of family solicitors, to make it more widely available to the profession by the end of this year. Facilities for respondents to acknowledge service online and for petitioners to apply for a decree online should be available in early 2019 with full roll out by the end of next year. Expansion to cover civil partnerships and other matrimonial orders is some way off. The official line is that divorce reform, with the consultation running until 10 December 2018, may change the shape

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NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
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’
NLJ this week: Online safety law at a crossroads
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
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