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03 May 2024
Issue: 8069 / Categories: Legal News , Profession , Artificial intelligence , Technology , Bias , Human rights
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NLJ this week: The relentless creep of algorithmic discrimination

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Algorithmic discrimination is on the rise and it’s a serious problem, writes Dr Sebastian Smart in this week’s NLJ. It’s a fascinating insight into a global phenomenon

Smart argues that we need to work towards cross-jurisdictional solutions such as universally accepted definitions and frameworks.

Smart, a research fellow at Anglia Ruskin University’s Centre for Access to Justice and Inclusion, explains how algorithmic discrimination can occur, what damage it can cause, and how different jurisdictions across the world have widely differing approaches to regulation.

He notes that the ‘Post Office Horizon scandal has highlighted the extensive damage that can occur when technology is misapplied’. Yet ‘cases of bias and disparity arising from algorithmic decision-making’ are increasingly frequent. Smart writes: ‘These processes often rely on complex algorithms found in systems that impact aspects of our lives, ranging from social media algorithms to credit scoring methods, job recruitment procedures and even law enforcement practices.’

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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