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29 November 2018
Issue: 7819 / Categories: Case law , Law digest , In Court
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Weekly law digests

Building contract

S&T(UK) Ltd v Grove Developments Ltd [2018] EWCA Civ 2448, [2018] All ER (D) 84 (Nov)

In a payment dispute relating to a JCT design and build contract 2011, the judge had not erred in holding, among other things, that the respondent employer’s purported pay less notice complied with contractual requirements. Accordingly, the Court of Appeal, Civil Division, dismissed the appellant contractor’s appeal. The court also gave guidance on whether an employer was entitled to pursue a claim in adjudication to determine the correct value of the works on the date of an interim application, notwithstanding that there was no valid pay less notice.

Children & young persons

Hertfordshire County Council v T and others [2018] EWHC 2796 (Fam), [2018] All ER (D) 156 (Aug)

The applicant local authority was successful in its application for full care orders in respect of both of the respondent mother’s children who had suffered physical, emotional, psychological and sexual abuse at the hands of both parents. The Family Division held that the threshold criteria pursuant to

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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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