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Weekly law digests

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

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
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
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
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