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THIS ISSUE
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Issue: Vol 169, Issue 7866

29 November 2019
IN THIS ISSUE
Disputes do arise. Between states, in businesses, within different sectors and in small knit groups, disagreements can happen, and they can have many unwelcome consequences
Bryan Clark provides a backdrop to the current law & practice around compulsory mediation
Colin Campbell presents a two-part masterclass on the interpretation & implementation of the Jackson reforms a decade on from the publication of Sir Rupert’s Final Report
Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes
On the 30th anniversary of the Children Act, David Burrows reflects on the state of children’s rights
Tips for taxi drivers; Same-sex partnerships arrive; Claim remission—or else; Quantum advice: ‘Don’t pay me’
 

Proposed video hearings are fraught with potential problems, the chair of the Young Barristers’ Committee has said

An independent profession & judiciary are by no means a given in many parts of the world, says David Greene

 
Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing
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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
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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