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23 July 2021 / Stephen Gold
Issue: 7942 / Categories: Features , Procedure & practice , Civil way
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Civil way_23 July 2021

‘Do you have a conscience today?’; Judgment for defenceless defendant; Pleading service charges; Flight delay reg; Pre-hearing entertainment; Cafcass okay(ish)

LOOK, NO BIBLE

Your next remote CVP (cloud video platform) may be a bit different if civil, family and tribunal judges and the occasional magistrate, along with staff, follow the new script which has been issued to them. A possible smack across the mouse for failure to introduce; reminders to be in a quiet and private area, mobiles and other distractors to be off, hearing being recorded, no personal recording or publication, serious nature of importance of hearing not changed by video conduct; enquiry as to whether everyone can hear clearly; chat function to be used to notify any technical issues; everyone playing to state name and role (should bring out the worse in non-mol respondents); place yourself on mute when not speaking; and avoid talking over another party (but, curiously, not another party’s lawyer). But as Melanie might observe ‘Look what they’ve done to my oath, ma.’

Witnesses to be giving

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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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