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24 June 2022
Issue: 7984 / Categories: Case law , In Court , Law digest
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Law digests: 24 June 2022

Employment

R (on the application of British Medical Association and another) v Secretary of State for Defence [2022] EWHC 1262 (Admin), [2022] All ER (D) 27 (Jun)

The Administrative Court dismissed the British Medical Association’s claim for judicial review of the defendant Secretary of State’s decision to direct the government not to commence or fully implement s 192 of the Employment Rights Act 1996 which, if implemented in full, would have enabled service personnel to bring Employment Tribunal (ET) claims for causes of action including unfair dismissal. The court held that: (i) the defendant had fulfilled his duty to consider the commencement of s 192 ‘from time to time’ which, as recognised in R v Home Secretary ex p Fire Brigades Union [1995] 2 All ER 244, had merely required him to decide at intervals when the question should next be considered; (ii) the defendant, as an Army officer in the 1990s, had not made a material factual error, namely, that the service complaints system (SC), and the possibility of an Order

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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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