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23 June 2023 / David Walbank KC
Issue: 8030 / Categories: Features , Criminal , Property , Judicial review
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Crime brief: 23 June 2023

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Thus far, arguably the most significant output of the HS2 project has been a stream of litigation: David Walbank KC charts the path to judicial review
  • HS2 protesters tunnelling under Euston Square Gardens.
  • Offence of aggravated trespass.
  • Scope of the ‘lawful activity’ being obstructed or disrupted.

The economic benefits of the high-speed railway HS2 may sometimes seem illusory. Nebulous phrases like ‘connectivity’, ‘capacity’ and, dare I say it, ‘levelling up’ are bandied about, while a hard-headed costs/benefits analysis is harder to come by and grows ever more elusive as project costs continue to spiral. Only history will judge whether this state-of-the-art high-speed rail link, supposedly bringing London and the North of England closer together, is ultimately seen as a marvel of modern engineering or the biggest white elephant ever to burn through our increasingly straitened public finances. However, one identifiable sub-class of our fellow citizens that it has undoubtedly benefited is the criminal lawyer. Rarely has any major construction project given rise to such

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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