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13 December 2013 / Roger Smith
Issue: 7588 / Categories: Opinion
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Roger Smith follows the legal stories making the news

Coming from December 2013 but with implications well into 2014, if not beyond, are three very different stories arising from a speech; a smartphone app; and a legal opinion.

Farewell to Judge

Lord Judge has never been afraid of a few headlines and a valedictory lecture at University College London ensured that he got them for what may be one last time. He chose to deal with somewhat political issues. Michael (now Lord) Howard, who was in the audience, left his seat saying the speech was “music” to his ears. This was probably not addressed to the retiring judge’s warnings on the independence of the judiciary; the need for its adequate funding; or his scathing observations on attempts by the Home Secretary to argue that resolutions of the House of Commons should be treated as equivalent to statute.

The subject of agreement was Lord Judge’s peroration on the European Court of Human Rights (ECtHR). The former Lord Chief Justice saw no reason for UK courts to

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MOVERS & SHAKERS

Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

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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