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13 May 2016 / Nicholas Dobson
Issue: 7698 / Categories: Features , Public
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Matters of interest

A failure in public trust undermines the foundations of local authority democracy, says Nicholas Dobson

“Pepys Show Unmasked! Celeb diarist smuggles up secret stash!” So might run the tabloid headline, were Samuel famously diarising nowadays. For today we expect our politicians and officials to act selflessly in the public interest. True, there’s widespread cynicism about the extent to which such propriety standards are actually met. A cynicism which can turn rapidly toxic when reports appear of misdoings by senior politicians, subsequently exonerated on what appear to be flimsy technicalities. But while the principle at least is now a firmly established canon of British public life, it was not always so.

Gradual divergence of public & private interests

As Tim Lankester, former President of Corpus Christi College, Oxford, pointed out in “A Historical and Comparative Perspective”, his July 2007 paper on conflict of interest: “For most of Britain’s history, conflict of interest amongst rulers and their officials was endemic.” This was because until “the 18th century, no-one expected the king or his courtiers not to take advantage

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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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