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24 November 2023 / Dominic Regan
Issue: 8050 / Categories: Opinion , Costs , Profession , Constitutional law
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The insider: 24 November 2023

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Prof Regan defends the MR, condemns the Solicitors Act 1974, & commends a legal triumvirate

Well, that didn’t take long. Last Friday, just 48 days on from implementation of fixed costs, the Civil Justice Council (CJC) hosted its 12th National Forum focused upon improving access to justice in a cost-of-living crisis. The biggest guns were rolled out. Our first Lady Chief Justice, the Master of the Rolls, and the deputy head of civil took to the stage. Only a week before the trio had sat together and heard the appeal in Churchill v Merthyr Tydfil. Can a court order parties to engage in alternative dispute resolution? What is the sanction to be if an obdurate litigant refuses to comply? We will have a judgment before Christmas.

At least there was ample seating in the Friends House, Euston, unlike the week before when I had to sit on the floor in court. The ever-thoughtful Sir Colin Birss popped over to deliver a personal apology for something out of his

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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

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IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

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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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