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03 September 2021 / David Langwallner
Issue: 7946 / Categories: Features , Covid-19 , Criminal , Profession
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Nightingale courts: challenges, dangers & ethics

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Law in the hotel lobby: David Langwallner examines the dilemmas arising from the relocation of trials to temporary courtrooms

A nightingale is a rural migratory Songbird known for the quality of its voice, less in evidence in the UK as bird stocks decline. The government established Nightingale courts last year—presumably in recognition of Florence Nightingale and her work during the Crimean War, rather than dulcet-toned barristers.

In Richard Cavendish’s monograph ‘The Crimean War’ (History Today, Volume 54 Issue, 3 March 2004) he argues that the war displayed great confusions of purpose and motivations, and in a remark curiously prescient to our time: ‘never did such incompetence led to so much social butchery’. It lasted two years, five months and 14 days with over half a million dead. The coronavirus began in Wuhan in December 2019.

Blurred lines

The Nightingales formed part of government plans to ensure courts could recover from the coronavirus pandemic as soon as possible and (with emphasis added from the government website)

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Cripps—Radius Law

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Commercial and technology practice boosted by team hire

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Slater Heelis—Will Newman & Lucy Spilsbury

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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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