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09 August 2024
Issue: 8083 / Categories: Case law , In Court , Law digest
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Law digests: 9 August 2024

Criminal law

Cobban and another v Director of Public Prosecutions [2024] EWHC 1908 (Admin), [2024] All ER (D) 131 (Jul)

The Administrative Court dismissed the appellants’ appeal by way of case stated against their convictions of improperly using a public electronic communications network contrary to s 127(1) of the Communications Act 2003 while engaged in private consensual messaging on a WhatsApp group and refused their judicial review applications in relation to their sentence of 12 weeks’ immediate custody for each offence. The appellants had sent messages between serving officers of the Metropolitan Police Service which were held by the district judge at the Magistrates’ Court to be of a ‘grossly offensive’ nature. The court, deciding that Director of Public Prosecutions v Collins [2006] 4 All 2006] 4 All ER 602 had binding authority, held that s 127(1) of the Act may criminalise the consensual exchange of indecent material using a public electronic communications network. On the facts of the present case, no assistance could be gained in determining whether the messages were ‘grossly

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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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