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THIS ISSUE
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Issue: Vol 175, Issue 8129

05 September 2025
IN THIS ISSUE
Why It’s Time to Challenge Your PII Broker
Thomas Rothwell & Kavish Shah report on the surprising introduction of downward rent reviews
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
As the Bill nears the end of its journey in the Lords, Charles Pigott predicts its future
Akshay Misra & Bronagh Adams on how a recent judgment provides a robust endorsement of the work of the LMAA
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
Sam Karim KC & Sophie Hurst on why the Court of Protection has reaffirmed that capacity must be presumed unless clearly rebutted
Sadie Whittam considers the growing use of SLAPPs & the abuse of the litigation process
Lawyers can no longer afford to ignore the metaverse, says Jacqueline Watts of Allin1 Advisory in this week's NLJ. Far from being a passing tech fad, virtual platforms like Roblox host thriving economies and social interactions, raising real legal issues
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
From the wreck of the Titanic to looted treasure, Michael L Nash considers the complexities that separate possession from ownership
Dominic Regan reports on traffic jams in the county court, delays across the board & the headline action of 2026
Access to AI risks entrenching disadvantage for SME law firms. Robert Taylor sets out the tools they need—& how to find them
As virtual worlds continue to expand, so do the avenues for legal disputes within them: Jacqueline Watts explains why lawyers should get to grips with the metaverse
Six out of ten lawyers now use artificial intelligence (AI) in their day-to-day work (up from 46% in January), according to a LexisNexis UK report, ‘The AI culture clash’
The Court of Appeal has confirmed the judiciary’s discretion to grant anonymity orders to vulnerable claimants in personal injury claims, in a landmark judgment
Law firms are failing to protect clients’ best interests in high-volume no-win no-fee claims, regulators have warned
Judges have lifted an interim injunction on asylum seekers being housed at the Bell Hotel, Epping, and held the Home Office and hotel owners can intervene in the case
Costs lawyers could become judges and would be recognised as higher fee earners in the guideline hourly rates, under proposals set out by their professional body
The Serious Fraud Office (SFO) has said a further five LIBOR convictions may be unsafe, following the Supreme Court appeals in July that quashed the 2015 convictions of former traders Tom Hayes and Carlo Palombo
Large companies and organisations risk hefty fines if their compliance procedures are not up to scratch, as of this week
The government is reviewing opt-out collective proceedings before the process has had a chance to ‘bed in’, a leading litigation lawyer has warned
The Law Commission has issued a call for evidence on murder and manslaughter laws, in its first major review of the area in 20 years
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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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