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THIS ISSUE
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Issue: Vol 174, Issue 8092

01 November 2024
IN THIS ISSUE
This long-disputed question finally has an answer, writes Jeremy Clarke-Williams
What happens when a regulated mortgage contract is breached? A recent Supreme Court decision gives some welcome guidance, write Cecily Crampin & Caroline Shea KC
It’s time to improve the Office of the Public Guardian register, writes Ann Stanyer
Claudia Salomon explores the economic implications of the justice gap
The personal injury discount rate in Scotland and Northern Ireland: Julian Chamberlayne, Professor Victoria Wass & Chris Daykin query the basis of the calculation
Mark Pawlowski on when a promise becomes a declaration of trust
David Bloom on how to treat embargoed judgments & avoid contempt proceedings
Yasmin Batliwala highlights the extraordinary work of A4ID in projects across the world

Sexual harassment law in; Evidence from abroad; Cladding clarifications; Court lists to look odder; FPR changes; The perils of statement drafting; And going to court!

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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
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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