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22 November 2018 / John Tanburn
Issue: 7818 / Categories: Features , Technology , In Court
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Mending the net

​Is it time for a specialist IT court to tackle torts committed online? John Tanburn weighs up the evidence

  • A specialised IT division of the High Court and technically-enabled county courts are needed to address torts committed online.
  • Court structure after Brexit needs to be determined now.

Torts are committed with impunity on the web: driving children to suicide, shredding reputations, threatening death and rape, leaving victims without redress. The law has always provided remedies against such torts, but has so far failed to do so when they are committed online. This will not do. The very credibility of the law is at stake unless its rule extends to the web, where many people live their working and social lives.

In the Investigatory Powers Act 2016 (IPA 2016) and the Digital Economy Act 2017, the government has taken enormous powers in the name of tackling ‘extremism’ (which can mean anything the government does not like). With rather less resources, the National Cyber Crime Unit (NCCU) seeks to tackle online crime. But nothing has yet

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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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