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THIS ISSUE
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Issue: Vol 173, Issue 8026

26 May 2023
IN THIS ISSUE
In tort, quantifying the extent of financial loss is a complex task for the courts. In this week’s NLJ, Ian Gascoigne, dispute resolution solicitor at LexisNexis, looks at the role played by the judge in such a case, considering caselaw and the many factors that must be taken into account.
Litigation funding is evolving beyond single-case litigation, Maurice MacSweeney, director of legal finance & sales planning at Harbour, writes in this week’s NLJ.
Ten years after LASPO—what’s the damage? In his column in this week’s NLJ, Jon Robins, vice chair of the Legal Action Group, assesses the state of access to justice in England and Wales, and finds it wanting. 
Could a legal claim for reparations for the transatlantic slave trade succeed? Thomas Roe KC of 3 Hare Court considers a range of possibilities and potential obstacles to such a claim, in this week’s NLJ.
A decade after the ruinous cuts brought about by LASPO 2012, what is the extent of the impact on the legal aid sector? Jon Robins surveys the wreckage
Clare Williams provides a practical guide to the court’s options for civil restraint orders in family practice
Private nuisance, from overlooking to knotweed: what is the remedy? Andrew Francis presents a property drama in five acts
How can the courts determine the extent of economic loss due to financial downturns in a tort claim? Ian Gascoigne discusses the challenges of striking the right balance
In the absence of a formal written agreement, how will the courts determine ‘reasonable notice’ for termination? Anna Lancy & Robert Strang consider the key factors
Michael Zander on how the Government’s U-turn was greeted by the House of Lords at the Report stage of the Bill
Show
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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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