THIS ISSUE

Issue: Vol 174, Issue 8085

13 September 2024

IN THIS ISSUE

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Andrew Francis considers two ‘subterranean’ property cases, highlighting the importance of knowing what’s underneath the surface—literally & metaphorically

Adverse inference & failure to mention a fact… Edward Grange examines a case that may pave the way for similar defence strategies

Janet Carter on how community orders could help reduce the pressure on prisons

Clare Hughes-Williams & Sharon Glynn on why lawyers should treat pro bono work & paid work equally

A recent case could have significant implications for the wash-spin-repeat cycle of financial remedies litigation, as Nicholas Fairbank, barrister at 4PB, explains in this week’s NLJ

Adverse inference & failure to mention a fact can be used as strategies for the defence even where the prosecution has overlooked their use

UK-qualified lawyers can now practise in Greece again, after the Greek government passed a law last week

England & Wales is the world’s leading legal centre for arbitration & commercial dispute resolution, while English law governs trillions of pounds worth of international deals, according to a report

UK lawyers believe AI technology could save them nearly 140 hours of work per year

Thousands of companies are entitled to claim business interruption insurance for losses caused by the Covid-19 pandemic, the Court of Appeal has held in a landmark decision

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MOVERS & SHAKERS

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Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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 174, Issue 8085

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

EIP—Rob Barker

Muckle LLP—Ryan Butler