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06 September 2024
Issue: 8084 / Categories: Case law , In Court , Law digest
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Law digests: 6 September 2024

Human rights

QX v Secretary of State for the Home Department [2024] UKSC 26, [2024] All ER (D) 08 (Aug)

The Supreme Court dismissed the Secretary of State’s appeal against the decision of the Court of Appeal, Civil Division, that Art 6(1) of the European Convention on Human Rights (the Convention) applied to the review of the Secretary of State’s decision made under s 2 of the Counter-Terrorism and Security Act 2015 where conditions A and B were met therein when the temporary exclusion order (TEO) was imposed against the appellant (the imposition review) on the basis that it would be directly determinative of the respondent’s civil rights. The respondent was therefore entitled to a level of disclosure of the evidence relied on by the Home Secretary in support of its allegations of terrorism-related activity in Syria which complied with Art 6(1) of the Convention. The Secretary of State submitted that, depending on the content of the closed national security material, it was possible that the same form of open words would be sufficient

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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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