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08 September 2017 / Nicholas Dobson
Issue: 7760 / Categories: Features , Public
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A test of confidence

Nicholas Dobson charts the substantial litigation necessary to maintain the integrity of the 11-plus

  • The duty of confidence applies where confidential information is acquired or received without having been disclosed in breach of confidence and the acquirer or recipient knows that the information is confidential.
  • An injunction preventing unauthorised publication of material from an 11-plus test yet to be taken by certain candidates was therefore upheld.

When I sat my 11-plus exam, most NLJ readers wouldn’t even have been a gleam in their parents’ eyes. The internet being decades away in the future, websites (if the term even existed) would simply have meant old buildings and other places where spiders could weave their webs and catch their prey in peace. And spiders (to my knowledge having no access to un-sat 11-plus papers) told no tales. Which is to say that neither myself nor my fellow examinees had any pre-knowledge of the contents of our three test papers.

But fast forward from those dark pre-digital days to 13 July 2017. For then the
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MOVERS & SHAKERS

Clarke Willmott—Megan Bradbury

Clarke Willmott—Megan Bradbury

Corporate team welcomes paralegal in Southampton

Howard Kennedy—Paul Moran

Howard Kennedy—Paul Moran

London firm strengthens real estate team with partner appointment

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

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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