THIS ISSUE

Issue: Vol 163, Issue 7583

08 November 2013

IN THIS ISSUE

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How does Art 8 sit with a property owner’s right to possession when his land is occupied by trespassers, ask Adam Rosenthal & Joseph Ollech

Jonathan Herring considers vaccinations & the right to refuse

Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67

In the second of two leading articles, Khawar Qureshi QC puts ethics in international arbitration under the spotlight

R (on the application of Lanner Parish Council) v Cornwall Council [2013] EWCA Civ 1290, [2013] All ER (D) 318 (Oct)

Diag Human SE v Czech Republic [2013] EWHC 3190 (Comm), [2013] All ER (D) 309 (Oct)

RP Explorer Master Fund v Chilukuri and another [2013] EWCA Civ 1307, [2013] All ER (D) 341 (Oct)

McCarthy v Visitors to the Inns of Court [2013] EWHC 3253 (Admin), [2013] All ER (D) 310 (Oct)

Biotronik SE & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) T-416/11 [2013] All ER (D) 324 (Oct)

Closegate Hotel Development (Durham) Ltd and another v McLean and others [2013] EWHC 3237 (Ch), [2013] All ER (D) 308 (Oct)

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MOVERS & SHAKERS

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Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS

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NLJ this week: Surrogacy children caught in succession gap

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’

NLJ this week: Online safety law at a crossroads

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

NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?

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

NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children

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

NLJ this week: Finality trumps freedom in arbitration showdown

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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Issue: Vol 163, Issue 7583

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Fieldfisher—Mark Shaw

Taylor Wessing—Stephen Whitfield