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10 October 2014 / David Burrows
Issue: 7625 / Categories: Features , Family
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Precedent & practice

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David Burrows reviews the complexities & challenges of law making

Over the next few weeks family law reformers and users of the family courts can look forward to the fruit of at least three consultations proposed by Sir James Munby P and the Courts and Tribunals Judiciary Office. It is therefore appropriate to consider the role of law-making – substantive and delegated; common law and precedent; and practice rules – especially as it is applied in family proceedings. In particular advisers are entitled (or have a duty) to ask: has this rule or that practice direction been made lawfully? The main consultation subjects are:

  • Transparency – The Next Steps . A consultation paper issued by the President of the Family Division on 15 August 2014.
  • Vulnerable Witness Working Group: see Interim Report of the Children and Vulnerable Witnesses Working Group (31 July 2014).
  • Draft family orders—a compendium of which is available at www.judiciary.gov.uk/publications/high-court-family-orders.

In the background we have:

  • The Report of the Financial Remedies Working Group (31 July 2014).
  • Litigants in
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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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