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THIS ISSUE
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Issue: Vol 164, Issue 7631

21 November 2014
IN THIS ISSUE

Sarah Taylor explains why the Law Commission is recommending changes to the law of child abduction

Could UK strike laws be in breach of international obligations, asks Chris Syder

John McMullen covers recent cases & developments in the law on TUPE

Is the criminalisation of excessive alcohol consumption during pregnancy possible, asks David Locke

Tim Lawson-Cruttenden examines the evolution of claims against unnamed defendants in non-land law cases

Part 36 is in need of revision to make it more transparent for parties & their lawyers say Alex Sciannaca & Giles Hutt

Excalibur Ventures LLC v Texas Keystone Inc and others [2014] EWHC 3436 (Comm), [2014] All ER (D) 300 (Oct)

Blanco and another v Agenzia delle Entrate—Direzione Provinciale I di Roma—Ufficio Controlli C-344/13 and C-367/13, [2014] All ER (D) 276 (Oct)

Gough v United Kingdom (App. No. 49327/11) [2014] ECHR 49327/11, [2014] All ER (D) 313 (Oct)

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Results
Results
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Results

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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