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11 February 2022
Issue: 7966 / Categories: Legal News , Judicial review , Constitutional law
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NLJ this week: Some unexpected consequences of the Judicial Review and Courts Bill

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The Judicial Review and Courts Bill may be described in some quarters as ‘relatively uncontroversial’―but it has ‘potentially far-reaching effects’. Writing in this week’s NLJ, John Cleverly, senior associate at Osborne Clarke and Azeem Suterwalla, barrister at Monckton Chambers, explore the unexpected effects of the Bill, which endured a bumpy ride at second reading in the House of Lords this week and is now on its way to scrutiny at committee stage
Cleverly and Suterwalla discuss whether suspended quashing orders might mean more claims being allowed through? For example, how will it affect the judicial response to assessing delay?

They write: ‘A claim which has not been brought “promptly” may be thrown out by the court if people have already begun to rely on the decision being challenged, and therefore it would have a negative impact on those people for the court to set the decision aside, and the claimant should have acted more quickly to avoid that detriment.

‘However… it might be possible for a claimant accused of not bringing a claim promptly to say that the court can side step the potential prejudice to people who had relied on the newly invalid government action, by making a suspended quashing order.’ 

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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