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15 December 2011 / Mark Aizlewood , Joanne Staphnill
Issue: 7494 / Categories: Features , Media , Profession , Technology
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A social butterfly?

Mark Aizlewood & Joanne Staphnill fly through the risky terrain of social networking

Social networking can cause a storm of problems. Lawyers are now encouraged to use social networking tools for marketing, but are they diving in without considering the risk of liability? This article highlights the risk management challenges created by internet publication and social media.

Cyberlibel

Law firms are alive to the potential for breaches of confidence or defamation arising from clients’ confidential information being overheard or unjustified accusations being thrown across the negotiating table. Traditionally, such indiscretions rarely caused a complaint, but using the internet to reach potential clients increases firms’ liability exposure.

In the past firms’ newsletters often simply sat in reception, but now are also published on their websites, and the increased audience increases the risk of complaints. Recent examples include where a firm’s case-commentary on a reported decision arguably gave the impression that the claimant had proved its case against the defendant (the facts were only assumed for a preliminary issue of law),

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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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