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THIS ISSUE
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Issue: Vol 159, Issue 7397

10 December 2009
IN THIS ISSUE

The president of the Court of Protection, Sir Mark Potter, is setting up an ad-hoc committee to review the Court of Protection Rules 2007

The Solicitors Regulation Authority (SRA) has confirmed the appointments of a panel of 23 external adjudicators

Secretary of State for the Environment, Food and Rural Affairs v Meier and others [2009] UKSC 11, [2009] All ER (D) 16 (Dec)

R (on the application of Laws) v Police Medical Appeal Board [2009] EWHC 3135 (Admin), [2009] All ER (D) 38 (Dec)

The Supreme Court decision of 25 November on bank charges in Office of Fair Trading v Abbey National plc and others is on the face of it surprising.

David Cameron made a fool of himself in his ill-fated attack on “elf and safety”. He got caught out citing as true a “myth” identified on the health and safety executive’s own website. Senior Tories are rallying to his aid to bolster his somewhat similar attack on the Human Rights Act 1998 (HRA 1998).

John Keown believes post Purdy guidance threatens public safety & undermines justice

Rad Kohanzad examines the dents in the Norton Tool principle

Children should have a say in their future provision, says Geraldine Morris

Rehana Azib explains why 2009 has been a bad year for defendants

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Results
Results
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Results

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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