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12 January 2024
Issue: 8054 / Categories: Case law , In Court , Law digest
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Law digests: 5 & 12 January 2024

Confidential information

The Duke of Sussex and others v Mgn Ltd [2023] EWHC 3217 (Ch), [2023] All ER (D) 94 (Dec)

The Chancery Division made rulings concerning the use of voice mail interference (VMI) and unlawful information gathering (UIG). The claimants were four of many claimants in the fourth wave of the Mirror Newspapers hacking litigation, including the Duke of Sussex. The litigation arose from allegations of phone hacking made by previous claimants against journalists, managers and editors of the three national Mirror Group newspapers (The Mirror, The Sunday Mirror and The People) and involved private investigators or agencies instructed by them. The allegations included the hacking of the claimants’ and their identified associates’ mobile telephones. The court held that VMI had remained an important tool of the kind of journalism that was being practised at all three newspapers up to and to a limited extent even during the Leveson Inquiry into phone hacking, and it had been fed by extensive UIG. Although there had been VMI and UIG

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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
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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