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03 February 2023
Issue: 8011 / Categories: Case law , In Court , Law digest
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Law digests: 3 February 2023

Child

R v T [2022] EWHC 3362 (Fam), [2023] All ER (D) 56 (Jan)

The Family Division ruled on preliminary issues concerning jurisdiction, which arose in the course of the British applicant’s applications, seeking orders for the children (including A) to spend time with her, following the breakdown of her civil partnership with the respondent (the children’s gestational mother). The children (who were British, but currently lived in the UAE with the respondent) had been conceived through IVF or intrauterine insemination. The applicant contended that she was the children’s legal and psychological mother and parent and that, if the English court declined to accept jurisdiction under the Family Law Act 1986, she would have no way of having her ‘parental rights’ determined because the UAE did not recognise parental rights relating to same-sex parents and criminalised same-sex relationships. The court considered, among other things, whether the applicant was a parent within the meaning of s 42 of the Human Fertilisation and Embryology Act 2008 and, concerning the issue of consent

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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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