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THIS ISSUE
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Issue: Vol 166, Issue 7707

15 July 2016
IN THIS ISSUE

Shannan and others v Viavi Solutions UK Ltd and others [2016] EWHC 1530 (Ch), [2016] All ER (D) 37 (Jul)

Phillip Patterson examines a major cause of the hold-up of the Iraq Inquiry report

Constructive dismissal upholds the law of contract, but with a human touch, says Tom Walker

Asda Stores Ltd v Brierley and others [2016] EWCA Civ 566, [2016] All ER (D) 03 (Jul)

R (on the application of Behary) and another v Secretary of State for the Home Department [2016] EWCA Civ 702, [2016] All ER (D) 43 (Jul)

R (on the application of IM and another) v Human Fertilisation and Embryology Authority [2016] EWCA Civ 611, [2016] All ER (D) 06 (Jul)

Athelstane Aamodt examines recent interesting developments for the world of media law

Peter Vaines delves into some most interesting tax issues

Campbell v Gordon [2016] UKSC 38, [2016] All ER (D) 23 (Jul)

Surrey (a child and protected party by his litigation friend Surrey) v Barnet and Chase Farm Hospitals NHS Trust; AH (a protected party by her litigation friend XXX) v Lewisham Healthcare NHS Trust; Yesil (a child and protected party by his litigation friend Yesil) v Doncaster and Bassetlaw Hospitals NHS Foundation Trust [2016] EWHC 1598 (QB), [2016] All ER (D) 33 (Jul)

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Results
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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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