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24 March 2021
Issue: 7927 / Categories: Legal News , Constitutional law
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End to fixed term parliaments?

Proposed legislation to replace the 2011 Fixed-term Parliaments Act requires refinement, a joint committee of MPs and Peers has concluded
The government has said it intends to repeal the Act and return to the pre-2011 system where the prime Minister had powers to trigger an election when they chose as long as it was within five years of the previous one. 
 

In a report published this week, the Joint Committee on the Fixed-term Parliaments Act said the 2011 Act was flawed and would require major amendment even if it were to be retained. On the draft Bill put forward to replace the Act, the committee suggested clarifying that the power to grant or refuse a dissolution of parliament returned to the Monarch.

The committee also recommended a cross party working party be established to look into how the General Election campaign period can be shortened without compromising voter participation. This is because, since the 2011 Act, legislation has increased the length of the period from 17 to 25 working days.

The committee chair, Lord McLoughlin said: ‘Major constitutional change like this requires careful consideration and it is welcome that the bill to repeal the Fixed-term Parliaments Act was published in draft.

‘To start with, this will be a major piece of the UK’s constitutional framework. The Fixed-term Parliaments Act looks unlikely to last, and whatever replaces it should ideally form an enduring part of our constitutional settlement.’

Issue: 7927 / Categories: Legal News , Constitutional law
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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
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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