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THIS ISSUE
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Issue: Vol 160, Issue 7400

13 January 2010
IN THIS ISSUE

Aventis Pasteur SA v OB; sub nom O’Byrne v Aventis Pasteur SA C-358/08, [2009] All ER (D) 228 (Dec)

British Telecommunications plc v Royal Mail Group Ltd [2010] EWHC 8 (QB), [2010] All ER (D) 10 (Jan)

European Commission v Ireland and others C-89/08 P, [2009] All ER (D) 230 (Dec)

I vowed when I took up office as president of the Association of Her Majesty’s District Judges last March that my mission was to persuade the government to return to funding our civil courts to a realistic level and, as the recession brings more and more individuals to the county courts, to ensure that all of those who need it have access to free and efficient expert advice and assistance from a duty solicitor or CAB or other advice agency which is independent of HM Courts Service.

Professor Mark Hill QC & Spencer Keen investigate a legal minefield

Rebecca Dziobon delves into retention of jurisdiction in cases extending overseas

The Supreme Court’s decision in R (on the application of E) v Governing Body of JFS [2009] UKSC 15, [2009] All ER (D) 163 (Dec) provides a fine example of the law of unintended consequences.

Mark Bowman suggests when to see beyond an Act of God

Eleanor Morgan & Jonathan Pratt explore the doctrine of benefit & burden

Professor Susan Nash provides an update on recent human rights cases

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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