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13 September 2018 / Dominic Regan
Issue: 7808 / Categories: Features
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Legal definitions 2018

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Dominic Regan takes on the urgent task of updating some legal terms & shares some early examples

Alternative dispute resolution

Once seen as a bit soppy, it is now of deadly importance. Huge, adverse costs sanctions will be visited upon those who unreasonably reject the process. And it stops judges having to judge (see below).

Arbitrator

A self-appointed position secured by all ‘retiring’ Supreme Court and Court of Appeal judges. A reasonable period elapses before they announce their new occupation, typically three days. It is absolutely not about fees, first class flights, and being abroad during the grim British winter.

Commercial dispute

My bill hasn’t been paid.

International commercial dispute

My bill hasn’t been paid by a Russian.

Costs management

One specialist who attended the Civil Justice Council LASPO Review on 29 June 2018 declared that he had been failed by budgeting in 4,000 cases! A costs lawyer complained about the complexity and consequent expense of the exercise. One judge pretends it does not exist.

Court fees

Legalised extortion which the mafia wishes it

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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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