THIS ISSUE

Issue: Vol 163, Issue 7587

06 December 2013

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IN THIS ISSUE

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New beginnings—or old history? Diane Parker examines the recent reforms to civil proceedings

Cross-border commuters struggle to illuminate the law. Charles Pigott reports

Confidentiality, privacy & disclosure: David Burrows revisits Tchenguiz in the first of two articles

The Supreme Court’s ruling that a school’s duty of care to a pupil is non-delegable is a significant development in tort, says Catherine Leech

John de Waal QC reports on an unsettling decision on the validity of contractual notices

There is a growing trend for courts to make awards of exemplary damages in civil claims where fraud is proven, as Anthony Johnson reports

BAT Industries PLC v Windward Prospects Ltd [2013] EWHC 3612 (Comm), [2013] All ER (D) 265 (Nov)

Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov)

Cavendish Square Holdings BV and another company v Makdessi [2013] EWCA Civ 1539, [2013] All ER (D) 290 (Nov)

Constantinides v Constantinides [2013] EWHC 3688 (Fam), [2013] All ER (D) 336 (Nov)

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MOVERS & SHAKERS

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Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS

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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

NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?

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

NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children

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

NLJ this week: Finality trumps freedom in arbitration showdown

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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Issue: Vol 163, Issue 7587

MOVERS & SHAKERS

Cripps—Radius Law

Switalskis—Grimsby

Slater Heelis—Will Newman & Lucy Spilsbury