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17 February 2017 / Alec Samuels
Issue: 7734 / Categories: Features
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Wide of the mark?

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Is there a judge’s jurisdictional problem, asks Alec Samuels

Lawyers tend to think in terms of civil or family or criminal. New QCs are classified in this way. The High Court is divided into Queen’s Bench, Family and Chancery, though subdivisions appear such as Admiralty, Commercial, Technology and Construction, and Planning in the Queen’s Bench, Court of Protection in Family, and Companies and Bankruptcy and Patents in Chancery. Public law and human rights law come largely by way of judicial review through the Administrative Court. Increasingly today the practitioner tends to specialise more and more in an ever-narrowing area of work, particularly the barrister but also, albeit to a lesser extent, the solicitor. The practitioner responds to the demands and opportunities of the market. Legal life seems to be getting ever more complicated—and specialised.

Diverse work

Now it is most unlikely that the judge can remain anything like so specialised. The circuit or county court judge may be largely civil or largely criminal, but usually he may be called upon to handle almost any case.

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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
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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