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31 March 2023 / Stephen Gold
Issue: 8019 / Categories: Features , Procedure & practice , Civil way , CPR
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Civil way: 31 March 2023

TRIUMVIRATE READY FOR ACTION

The district bench is fed up. My straw poll suggests that any perceived benefits to the punters of the switch to online procedures is felt to be substantially outweighed by the burden of the clerical duties which new procedures are dumping onto the judges and eating into available judging time. Grappling with systems, which many judges struggle to negotiate, was not the judicial life they signed up for. There are complaints of eye strain and migraines from over exposure to computer screens. Small wonder that word on the block is that new district judge appointments arising out of the latest competition and interviews this month and expected to be made as from July 2023 will be well under requirement.

And that is not all. There is a growing feeling that HMCTS has insufficient interest in the district judges’ feedback on technology. At best, it hears but largely ignores the judges on proposed changes. In his report to the troops for last week’s annual general meeting (AGM)

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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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