THIS ISSUE

Issue: Vol 159, Issue 7384

10 September 2009

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IN THIS ISSUE

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To what extent are intellectual property rights matrimonial assets? asks Jane Foulser McFarlane

Does Brennan mark the end of the bonus culture in local authorities? asks Daphne Romney QC

Solicitors and other third party professionals have been implicated in a £41 million buy-to-let mortgage fraud.

Mike Pilgrem gets to the nub of disagreements between experts

Graham Smart on the pivotal role of loss adjusters in insurance related litigation

TM v London Borough of Hounslow [2009] EWCA Civ 859, [2009] All ER (D) 17 (Sep)

RCI Europe v Revenue and Customs Commissioners C-37/08 [2009] All ER (D) 25 (Sep)

R (on the application of Bary and another) v Secretary of State for the Home Department [2009] EWHC 2068 (Admin), [2009] All ER (D) 59 (Aug)

R (on the application of S) v A Social Security Commissioner [2009] EWHC 2221 (Admin), [2009] All ER (D) 16 (Sep)

Re Bluebrook Ltd and other companies [2009] EWHC 2114 (Ch), [2009] All ER (D) 101 (Aug)

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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 159, Issue 7384

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Fieldfisher—Mark Shaw

Taylor Wessing—Stephen Whitfield