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05 November 2021 / Theo Huckle KC
Issue: 7955 / Categories: Opinion , Profession
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Here to act, not to judge

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In the first of a special two-part series, Theo Huckle QC explains how the talking-down of lawyers over many years shows a serious lack of leadership in public debate

I recently read a piece in a very well-known political/current affairs journal in which the commentator seemed to me to be implying that our lawyer colleagues should exercise more moral (moralising?) judgement about the cases they are prepared to take on, and they don’t do it enough, but that, nevertheless, ‘better the Devil you know’ with lawyers as we have them (Prospect, ‘Should a lawyer ever refuse to act in an unpleasant case?’, David Allen Green, April 2021). The piece left me with a deep sense of unease, and I thought it reflected the present parlous state of thought leadership about our justice system and the way that lawyers work within it and should do. How opinion-formers such as the readers of the journal in question view the legal system and professions matters to what happens

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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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