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09 December 2022 / Dominic Regan
Issue: 8006 / Categories: Opinion , Profession , Costs
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The insider: 9 December 2022

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Dominic Regan tips his hat to his judges of the year & provides an update on Belsner bedlam

The Lord Chief Justice has handed in his notice and is off next summer. His replacement will be a she. My appointee would be Lady Justice Carr, who is as charming as she is efficient. The same is true of Lady Justice Simler, although I suspect the Supreme Court beckons. Dame Victoria Sharp will undoubtedly apply.

I do hope that this time the outcome is not determined by a writing competition. Lord Thomas got the post in 2013 after beating his opponent in a process which required an essay!

Stars of the bench & beyond

Last spring, I singled out for praise the judgment of Lord Justice Birss in Philipp v Barclays Bank UK plc (Consumers’ Association intervening) [2022] EWCA Civ 318, [2022] All ER (D) 48 (Mar) (‘The insider: 25 March 2022’, NLJ, p7). Now that we have reached December, I can say that I regard

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NEWS
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NLJ this week: Tightening the screws on JCT terminations
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
NLJ this week: Old rules, fresh warnings in employment law
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
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
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
NLJ this week: Surrogacy children caught in succession gap
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’
NLJ this week: Online safety law at a crossroads
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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