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13 January 2011
Issue: 7448 / Categories: Case law , Law reports
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Family proceedings—Orders in family proceedings—Parental responsibility order and contact order

Principal Reporter v K and others [2010] UKSC 56, [2010] All ER (D) 192 (Dec)

Family proceedings—Orders in family proceedings—Parental responsibility order and contact order

Principal Reporter v K and others [2010] UKSC 56, [2010] All ER (D) 192 (Dec)

Supreme Court, Lord Hope DP, Lord Rodger, Lady Hale, Lord Kerr and Sir John Dyson SCJ, 15 Dec 2010

The operation of s 93(2)(b) of the Children (Scotland) Act 1995 (CSA 1995) in defining persons entitled to participate in a children’s hearing is not compatible with Art 8 of the European Convention on Human Rights (the Convention).

Janys Scott QC and Alison Stirling (instructed by Drummond Miller WS) for K. Morag Wise QC and Lynda Brabender (instructed by Biggart Baillie LLP) for the Principal Reporter. Rosemary Guinnane and David Sheldon (instructed by Aitken Nairn WS) for JR. David Johnston QC and Roddy Dunlop QC (instructed by the Scottish Government Legal Directorate) for the first minuter. Marie Helen Clark (instructed by HBM Sayers) for the second minuter.

K and

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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

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IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

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Banking and restructuring team bolstered by insolvency specialist

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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