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15 February 2013 / Roger Smith
Issue: 7548 / Categories: Opinion , Human rights
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Courting controversy

Roger Smith considers courts & constitutions

Someone in the UK Supreme Court has a talent for communication. To the court’s existing Twitter feed and live streaming of hearings, we now have the promise of a regular presence on YouTube. The court has committed itself to five minute summaries of its court judgments. These are written and delivered by one of the justices and have been given, but not regularly broadcast, since the court was established in 2009. The summaries are designed to pick out the key facts and findings without the legal analysis present either in the judgment itself or the written press summaries.

The YouTube performances are hardly dramatic but they are rather good in providing accessible versions of the judgments. They underline how the court has gone beyond its predecessor, the appellate committee of the House of Lords. In a recent speech, Lord Carnwath reflected: “I believe there has been a profound change…over time [the Supreme Court] has brought a new sense of collective identity.” He quoted earlier words of Lord Hope: “The most

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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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