THIS ISSUE

Issue: Vol 161, Issue 7478

10 July 2011

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IN THIS ISSUE

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Michael Tringham considers the consequences of failure

Vanessa van Breda & Mark Surguy approach the conflicting forces of duty & disclosure

Natsai Manyarara examines the amenability of judicial review of the Upper Tribunal

Tristmire Ltd v Mew and another [2011] EWCA Civ 912, [2011] All ER (D) 278 (Jul)

Brownbill and others v St Helens & Knowsley Hospitals NHS Trust [2011] EWCA Civ 903, [2011] All ER (D) 274 (Jul)

Secretary of State for the Home Department v CD (pursuant to the Prevention of Terrorism Act 2005) [2011] EWHC 2087 (Admin), [2011] All ER (D) 15 (Aug)

R (on the application of BB) v Special Immigration Appeals Commission [2011] EWHC 2129 (Admin), [2011] All ER (D) 28 (Aug)

Boghani v Nathoo [2011] EWHC 2101 (Ch), [2011] All ER (D) 39 (Aug)

LB RE Financing No. 3 Ltd v Excalibur Funding No 1 plc and others [2011] EWHC 2111 (Ch), [2011] All ER (D) 22 (Aug)

Mark Solon ponders over the problems with experts

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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 161, Issue 7478

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Fieldfisher—Mark Shaw

Taylor Wessing—Stephen Whitfield