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05 May 2023
Issue: 8023 / Categories: Case law , In Court , Law digest
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Law digests: 5 May 2023

Contract

FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418, [2023] All ER (D) 32 (Apr)

The Court of Appeal, Civil Division dismissed the appellant (second defendant's) appeal from a decision of the Technology and Construction Court, determining a preliminary issue in favour of the claimant, the RFU, which held that the second defendant could not rely on a third-party risks insurance policy taken out by the RFU in its defence to a claim for alleged breach of a construction contract because the RFU and the second defendant were not co-insured in respect of the losses that the RFU was said to have suffered by reason of the damage for which the RFU had been indemnified by its insurer. The court held that the judge had been correct for the reasons that he had given. His analysis was entirely in accordance with the authorities. His findings of fact and his mixed findings of fact and law were also fatal to the second defendant's appeal.


Eviction

Wu

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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
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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