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06 November 2019
Issue: 7863 / Categories: Legal News , Procedure & practice , Technology , Profession
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Floods & power outages in the dock

Lord Burnett, the Lord Chief Justice, has spoken out against the government for allowing the court estate to fall into disrepair.

‘It is a matter of regret that resources have not been made available by government to begin to tackle the backlog of repairs and maintenance needed,’ he said, in his Lord Chief Justice’s Report 2019, published this week.

He said he had seen ‘first-hand the poor conditions in which both staff and judges work in many court centres and which have to be endured by members of the public’. Hearings were sometimes adjourned due to delays in getting reported problems fixed, he said. ‘Examples include flooding and IT and power outages. Physical problems can also create security breaches. Rural courts are often neglected at the expense of those in large cities and there is a general lack of funds for basic maintenance and repair which are often desperately needed.’

Lord Burnett said he was ‘continuing to press for funding to tackle the maintenance problems that must be addressed to bring our court buildings back into a decent condition. I am raising this with the government at every opportunity.’

He also addressed the need for more judges. While ten High Court judges were recommended for appointment in the year to April 2019, ‘we are not yet back to full strength’, he said. There was a ‘worrying shortfall in the recruitment of salaried members to the District Bench this year which will have adverse consequences for the family and civil jurisdictions’, and ‘there is a significant shortfall in the number of magistrates’ which affects the ‘efficient dispatch of business’.

Lord Burnett said magistrate recruitment drives are currently taking place for all jurisdictions (adult crime, youth and family).

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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