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16 August 2018
Issue: 7806 / Categories: Case law , Law digest , In Court
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Weekly law digests

Compensation

JT v First-Tier Tribunal (Equality and Human Rights Commission intervening) [2018] EWCA Civ 1735, [2018] All ER (D) 15 (Aug)

Paragraph 19 of the Criminal Injuries Compensation Scheme 2012, which prevented the appellant from being paid compensation for criminal injuries sustained prior to 1 October 1979 when she had been living with her assailant as members of the same family, was incompatible with her rights under Art 14 in conjunction with Art 1 of the First Protocol to, the European Convention on Human Rights. In allowing the appellant’s appeal, the Court of Appeal, Civil Division, declared that the appellant was not prevented from being paid an award of compensation under the scheme.

Competition

Competition and Markets Authority v Concordia International RX (UK) [2018] EWCA Civ 1881, [2018] All ER (D) 40 (Aug)

On the first occasion challenging a warrant under ss 28 and 28A of the Competition Act 1998, the Court of Appeal, Civil Division, held that any judge considering an application to set aside or vary a warrant was obliged to consider

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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
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
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
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
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
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