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03 September 2021
Issue: 7946 / Categories: Case law , In Court , Law digest
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Law digests: 3 September 2021

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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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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
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 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
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
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
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’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
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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