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13 January 2021 / John Gould
Issue: 7916 / Categories: Features , Procedure & practice , Profession
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Misconduct: Crossing the line

35718
Post-Beckwith, John Gould provides an update on the regulation of conduct outside of practice
  • Ryan Beckwith v Solicitors Regulation Authority: putting the correct questions on the table for the approach to conduct which is not in the course of providing legal services.

It was a bold move to offer a two-part commentary on the regulation of conduct outside of practice just when the Divisional Court’s decision in Ryan Beckwith v Solicitors Regulation Authority [2020] EWHC 3231 (Admin) was on the horizon (see ‘Misconduct outside of legal practice’, 170 NLJ 7907, p14; Pt 2, 170 NLJ 7911, p15). By great good fortune, I seem to have largely escaped major error and can go forward with my nine lives intact to talk about what the law is rather than what I think it should be.

Beckwith is an important decision which is not going to be appealed. The approach to conduct which is not in the course of providing legal services, particularly where sex is involved, has not had a secure

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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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