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04 August 2023 / Nicholas Dobson
Issue: 8036 / Categories: Features , Discrimination , Human rights , Employment
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Freedom of expression: what’s acceptable?

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Where is the line between the right to freedom of religion & the lawful expression of that right? Nicholas Dobson examines a complex question for the Employment Appeal Tribunal
  • When considering the lawfulness of the expression of the right to freedom of thought, conscience and religion, it is necessary to determine whether any interference with those rights was in respect of the manifestation of the claimant’s protected belief, or rather was due to a justified objection to the manner of that manifestation.

Those having higher mileage on their personal odometers will have lived through profound social changes. For example, people in same-sex relationships (or suspected of having same-sex orientation) were, until relatively recently, subject to considerable social stigma—and sometimes violent abuse. For same-sex relationships were legalised only with the passing of the Sexual Offences Act on 26 July 1967, and then only between two consenting adults over the age of 21 and in private. Wide social acceptance of such stigmas was supported, particularly among practising Christians, by Bible teaching

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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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