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29 June 2012
Issue: 7520 / Categories: Case law , Law digest , In Court
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Extradition

BH (AP) and another v Lord Advocate and another (Scotland); KAS or H (AP) v Lord Advocate and another (Scotland) [2012] UKSC 24, [2012] All ER (D) 126 (Jun)

The approach adopted to Art 8 rights in extradition cases did not have to be radically different from that adopted in deportation or expulsion cases. The public interest in giving effect to a request for extradition was a constant factor in cases of that kind. Great weight would always have to be given to it, and the more serious the offence the greater would be that weight. The question, so far as the Art 8 right was concerned, was the same in both cases. Even in decisions concerning separation of parents from their children for deportation, detention or imprisonment, the best interests of the child had to be a primary consideration. The starting point was to assess whether the children’s best interests were outweighed by the strength of any other considerations. However, that did not require the decision-taker always to examine the interest of the children at the very

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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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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