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05 September 2013 / Roger Smith
Issue: 7574 / Categories: Opinion , Legal aid focus
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The gathering storm

Roger Smith measures the impact of legal aid cuts on both sides of the Atlantic

No doubt about the legal issue of the year. Professional leaders, practitioners and legal aid administrators are grappling with unprecedented cuts. The sun may be shining in the physical world but the clouds are gathering over publicly funded legal services—all over the world.

We loved Lucy

The Law Society was lucky, or unusually foresightful, to have chosen mental health practitioner Lucy Scott-Moncrieff as its most recent president. She stepped down in mid-July just in time for her successor, Nick Fluck, to give the Society’s valedictory speech in honour of Lord Judge’s tenure as Lord Chief Justice. She could have come from central casting: a woman, respected expert in her own field, long-time legal aid practitioner, mental health tribunal judge, and alternative business structure pioneer heading up one of the earliest virtual law practices in the UK. Her greatest attributes in legal aid’s annus horribilis can be stated negatively: she didn’t have a plummy accent; she didn’t go to Oxbridge; she

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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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