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09 December 2016
Issue: 7726 / Categories: Case law , Law digest , In Court
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Family

Re W (A child) [2016] EWCA Civ 1140, [2016] All ER (D) 159 (Nov)

The Court of Appeal allowed an appeal by a local authority and two professionals (SW and PO) in respect of their complaint relating to the judge’s finding that SW and PO, together with others had been involved in a joint enterprise to obtain evidence to prove the sexual abuse allegations, irrespective of the relevant professional guidelines. The court held that SW and PO were “parties” to the proceedings, having achieved “intervenor” status and that the Court of Appeal had jurisdiction to entertain their appeals on the basis that they each asserted that the judge had acted in such a way so as to amount to a breach of their rights under Arts 6 and/or 8 of the European Convention on Human Rights. The court further held that there had been a wholesale failure to achieve a fair trial in relation to the matters that the judge went on to find proved against them, which ]were outside the parameters of the issues in the case. Accordingly,

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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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