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30 September 2022
Issue: 7996 / Categories: Case law , In Court , Law digest
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Law digests: 30 September 2022

Coroner

Davison v HM Senior Coroner for Hertfordshire [2022] EWHC 2343 (Admin), [2022] All ER (D) 25 (Sep)

The Administrative Court, first, allowed the claim for an order, under s 13 of the Coroners Act 1988, to quash the defendant coroner’s conclusion that the claimant’s daughter had taken her own life. At the time of her death, the claimant’s daughter had been receiving outpatient treatment for her diabulimia, a rare eating disorder which causes people with type 1 diabetes to omit insulin, from one of the interested party’s consultant psychiatrists and its Community Eating Disorder Service. Among other things, the court held that the discovery of new evidence, a report by an expert in diabulimia (the report), had meant that it was necessary and desirable in the interests of justice for a fresh investigation to be held. The report had demonstrated that there was public interest in more being known about diabulimia, given that it had indicated that: (i) the condition was more widespread than commonly recognised; (ii) better coordination between different disciplines

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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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