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24 January 2014
Issue: 7591 / Categories: Features , Civil way , Procedure & practice
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Civil way: 24 January 2014

Bring back Slander of Women Act! More on Mitchell & the curse of Sanctiongate

REPUTABLE ACT

In the writer’s crazier dreams, he is libelled by a national newspaper and falsely imprisoned in a supermarket on the same day as consolation for the poor return on fixed rate savings accounts. The dreams of the media have been for freer speech and whilst, post- Leveson , it seems to be taking greater care, editors are blessing rather than cursing the Defamation Act 2013 which was commenced on 1 January 2014 in England and Wales by SI 2013/3027. Here’s our libel free tour of the legislative changes.

Seriously There will be no defamation unless the publication caused or is likely to cause serious harm to the claimant’s reputation. For a body that trades for profit, serious financial loss must have been caused or be likely in order to qualify as serious harm. Trivial claims were already susceptible to strike out but the bar may now have been raised with the introduction of serious harm.

Defence swap

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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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