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29 January 2020
Issue: 7872 / Categories: Case law , In Court , Law digest
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Weekly law digests

Charity

Derby Teaching Hospitals NHS Foundation Trust and others v Derby City Council and others (Charity Commission for England and Wales intervening) [2019] EWHC 3436 (Ch), [2020] All ER (D) 58 (Jan) 

The lead claimant, an NHS foundation trust, was not established for charitable purposes under the definition of ‘charity’ in both the Local Government Finance Act 1988 and the Charities Act 2011. Accordingly, the Chancery Division found that the claimants could not reduce their liability to pay non-domestic rates in the properties they occupied, by one fifth, under s 43 of the Local Government Finance Act 1988.

Child

L (a child) (special guardianship order: reasons) [2020] EWCA Civ 20, [2020] All ER (D) 98 (Jan)

The judge had been entitled to make a special guardianship order in favour of the maternal grandmother and reject the application of the local authority, supported by the children’s guardian, for a care plan for adoption. The Court of Appeal, Civil Division, dismissing the guardian’s appeal, held that the judge had carried out a thorough evaluation

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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