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29 March 2024 / Stephen Gold
Issue: 8065 / Categories: Features , Procedure & practice , Civil way
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Civil way: 29 March & 5 April 2024

Latest FPR update; CPR update worth a miss; Supreme junior advocacy; Medway goes to Maidstone

FIRST FOR FAMILY

FPR update no 1 of 2024 is here (published after much was claimed to be already in force, but, as with cuckolded spouses, the punters can be the last to know). This set me thinking that if the FPR update titles were given a similar appellation to the CPR—this would mean, for example ‘120th Practice Direction update’—there would be a saving of four characters and, hence, an economy in space, cartridge ink, typing, etc, and maybe the plan announced with the spring budget to demote HMCTS mail to second-class postage, so that it never actually arrives, could be ditched. Discuss.

As already reported (see ‘Civil way’, NLJ, 19 January 2024), family judges’ attempts to force non-court-based dispute resolution (NCDR) down the throats of warring parties is being aided and abetted as from 29 April 2024 by their power to require the filing and service of a form that

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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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