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THIS ISSUE
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Issue: Vol 159, Issue 7377

09 July 2009
IN THIS ISSUE

Jordans is a name associated with both cereal bars and legal publishing. Crisp, wholesome, well-balanced and nourishing, the law books leave little to be desired.

Simon Young uncovers the truth behind rumours of increased premiums & unprofessional conduct

Jonathan Cohen unravels some of the complexities of trade mark infringement under European law

Smith has forced the courts to re-evaluate the concept of control,says Brent McDonald

Should Orthodox Hindus in the UK have the right to conduct open air funeral pyres? Nicholas Dobson reports

How can landlords guarantee they receive rent payments when insolvency looms? James Naylor & Claire Southway investigate

Ali and others v Birmingham City Council; Manchester City Council v Moran [2009] UKHL 36, [2009] All ER (D) 19 (Jul)

Re Paycheck Services 3 Ltd and other companies; Revenue and Customs Commissioners v Holland and another [2009] EWCA Civ 625, [2009] All ER (D) 24 (Jul)

Sagal (trading as Bunz UK) v Atelier Bunz GMBH [2009] EWCA Civ 700, [2009] All ER (D) 40 (Jul)

News In Brief

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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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