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22 October 2021 / Nicholas Dobson
Issue: 7953 / Categories: Features , Public , Human rights , Equality
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Clash of rights & equalities

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Nicholas Dobson considers whether equality law permits religious organisations to uphold their views on sexual ethics in the way they work
  • An independent evangelical Christian fostering agency, which recruits and supports carers for children in local authority care and which required its carers to ‘abstain from all sexual sins including… homosexual behaviour’, unlawfully discriminated against gay men and lesbians under both the Equality Act 2010 and the Human Rights Act 1998.

Not all rights and protected characteristics sit comfortably together. Sometimes there can be painful collisions. This was particularly apparent on 24 September 2021 when the Court of Appeal handed down its judgment in R (Cornerstone (North East) Adoption and Fostering Services Ltd v Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (OFSTED) [2021] EWCA Civ 1390, [2021] All ER (D) 14 (Oct). For then, Peter Jackson LJ (with whom his colleagues Asplin and Nicola Davies LJJ agreed) found (for reasons similar but not identical to those of Knowles J below) that (in essence) Cornerstone, a Christian

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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’
NLJ this week: Online safety law at a crossroads
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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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
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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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