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10 May 2013
Issue: 7559 / Categories: Case law , Law digest , In Court
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Adoption

Re CB (a child) (adoption proceedings: lack of care order) [2013] EWCA Civ 476, [2013] All ER (D) 29 (May)

Where a child was accommodated by an authority and the authority considered that the conditions of s 31(2) of the Children Act 1989 were met, it had to apply to the court for a placement order. There was no suggestion in the statutory scheme that looked after children who were accommodated but in respect of whom parental responsibility had not been vested in a local authority by the making of an interim or full care order were excluded from the placement order decision making process. Accordingly, it was legally permissible for a local authority to present a case to its adoption panel and issue an application for a placement for adoption order in circumstances where the child was not subject to an interim care order but was simply accommodated under s 20 of the 1989 Act.

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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