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18 February 2022
Issue: 7967 / Categories: Legal News , Discrimination
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NLJ this week: Could cricketer Azeem Rafiq bring a claim for vicarious liability?

The racist abuse meted out to talented cricketer Azeem Rafiq hit the headlines this year, and his evidence to a parliamentary committee portrayed ‘a sport in which a culture of humiliation, intimidation and racism, generally passed off by its proponents and practitioners as workplace banter, had been endemic for so many years that it ran through establishments such as Yorkshire County Cricket Club (Yorkshire) like the writing on a stick of Blackpool rock’, as Alastair Gillespie, partner at Horwich Farrelly, writes in this week’s NLJ
Gillespie, a member of the Forum of Insurance Lawyers’ Abuse Sector Focus Team, asks what remedies may be available. He suggests vicarious liability may provide a legal remedy worth pursuing and explores how this would apply to Rafiq’s circumstances as well as to a group of ongoing cases being brought against Chelsea Football Club. He also takes a look at the governing body of cricket, the England and Wales Cricket Board, which has been ‘widely castigated for its inertia’. What changes must take place? See here.
Issue: 7967 / Categories: Legal News , Discrimination
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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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