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Law digests: 3 September 2021

03 September 2021
Issue: 7946 / Categories: Case law , In Court , Law digest
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Child

Re P and another (children) (Hague Convention: consent) [2021] EWHC 2184 (Fam), [2021] All ER (D) 20 (Aug)

The father applied for the summary return to the United States of America under the Hague Convention 1980 or under the inherent jurisdiction, of his daughters P, age 12, and Q, age 11, who were living in the UK with their mother. The mother opposed the application. The Family Division dismissed the father’s applications as it found that on the evidence the defence of consent had been made out by the mother.


Company

Re Provident SPV Ltd [2021] EWHC 2217 (Ch), [2021] All ER (D) 24 (Aug)

The applicant company’s application for the sanctioning of a scheme of arrangement succeeded. The company had been set up to assume the liabilities of two other companies that provided small loans to individuals on low or moderate incomes. The Chancery Division held that the scheme met the requirements in the case law, and that none of the matters raised by the Financial Conduct Authority

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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