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22 November 2018 / Julian Acratopulo
Issue: 7818 / Categories: Features , Profession
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Uneasy lies the head that wears the crown

​In the face of ongoing uncertainty, Julian Acratopulo asks: is the pre-eminence of the London courts being disrupted?

  • The London courts have long been held up as the gold standard, but could market disruption, Brexit uncertainty and high costs threaten their supremacy?
  • Practitioners must engage with opportunities for reform if London’s courts are to remain at the forefront of the market.

Disruption is now present in every sphere of our lives. However, disruption does not stem solely from technology or business innovations—it is also influenced by demographic shifts, globalisation, macro-economic trends and more. Such terminology may not have existed at the time at which London’s courts forged their international reputation. However, whatever the terminology, the underlying factors which shaped the export of English law and London courts internationally could no doubt now be easily characterised by reference to those labels.

Accordingly, although English courts and procedures have long been the envy of the world, we need to be mindful of the risk of disruption, given the current socio-political environment. As

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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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