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18 April 2025 / David Walbank KC
Issue: 8113 / Categories: Features , Profession
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Lives of the great advocates: Thomas Erskine

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David Walbank KC pays tribute to Thomas Erskine, ‘the invincible orator & undaunted patriot’

In this new series, I will be examining the careers of some of the most famous barristers in English legal history, their sensational trials and their extraordinary lives out of court and outside the law.

I begin with Thomas Erskine (1750-1823). Although born into the Scottish nobility, he grew up in straitened circumstances. It was, however, a time when young men of talent and ambition could quickly make a name for themselves. Erskine had both in abundance. From his earliest years, young Thomas displayed a preternatural self-confidence and it must be acknowledged that his shining qualities were to some extent marred by an almost comical conceit. Indeed, in his maturity he would come to be caricatured as ‘Baron Ego’. Given his zeal to be a great man, Erskine would doubtless have preferred, had his father’s means allowed, to be educated at public school and university. Instead, he went to sea as a midshipman and

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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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