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17 November 2017
Issue: 7770 / Categories: Case law , Law digest , In Court
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Law digest: 17 November 2017

Weekly law digests

Adoption—Order

T (a child) v A Local Authority [2017] EWCA Civ 1797, [2017] All ER (D) 88 (Nov)

The child and the prospective adopters need for the security of adoption and his differing needs to those of his half siblings were factors the recorder was entitled to have regard to under the welfare test set by welfare checklist the Adoption and Children Act 2002. The Court of Appeal, Civil Division held that faced with a choice between two options each having advantages and disadvantages, the recorder had reached a clear and fully-reasoned decision in granting a care and placement order.

Costs—Order for costs

Optical Express Ltd and others v Associated Newspapers Ltd [2017] EWHC 2707 (QB), [2017] All ER (D) 96 (Nov)

In all the circumstances of the claimants’ libel claim, it would be unjust to make the normal orders upon the claimants’ late acceptance of a Pt 36 offer. The Queen’s Bench Division held, amongst other things, that the claimants’ delay in providing an elaboration of their case

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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

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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