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07 June 2024
Issue: 8074 / Categories: Case law , In Court , Law digest
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Law digests: 7 June 2024

Police powers

R (on the application of ­National Council for Civil Liberties) v ­Secretary of State for the Home Department (Public Law Project ­intervening) [2024] EWHC 1181 (­Admin), [2024] All ER (D) 89 (May)

The Administrative Court, in allowing the claimant’s judicial review claim in part, held that the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (SI 2023/655), which strengthened police powers concerning protests, were unlawful. Sections 12 and 14 of the Public Order Act 1986 (POA 1986) empowered the police to impose conditions on public processions and assemblies if an officer reasonably believed that there would be ‘serious disruption to the life of the community’. The government laid two amendments to the Public Order Bill, which sought to expand the definition of ‘serious disruption’ in POA 1986 to include anything which was ‘more than minor’. However, the House of Lords had rejected one of the amendments. Before the Public Order Act 2023 (POA 2023) had received Royal Assent, the government had then exercised the ‘Henry VIII power’ to amend legislation by secondary

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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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