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19 January 2024 / Stephen Gold
Issue: 8055 / Categories: Features , Procedure & practice , Civil way
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Civil way: 19 January 2024

TUPE changes; CPR and tribunal rules; FRC invasion imminent; X-examination peanuts; AI reaches the law; Head bashing; CPR Pt 71 under the microscope

DEVELOPMENTS LITE

New year presents for the boss The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (SI 2023/1426) came into force on 1 January 2024. They reform consultation requirements under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) for post-30 June 2024 transfers. The circumstances in which employers can inform and consult directly with employees will extend to businesses with fewer than 50 employees, and also where there are fewer than ten employees transferring. Other reforms are to record keeping requirements and annual leave and holiday pay requirements under the Working Time Regulations 1998 (SI 1998/1833).

Calm down! Yes, the Civil Procedure (Amendment No 4) Rules 2023 (SI 2023/1397) did come into force on 20 December 2023. However, unless you have a niche practice in court proceedings relating to state threats prevention measures, as introduced by the National Security Act 2023,

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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
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
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
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
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
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