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Law digest: 17 November 2017

17 November 2017
Issue: 7770 / Categories: Case law , Law digest , In Court
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Weekly law digests

Adoption—Order

T (a child) v A Local Authority [2017] EWCA Civ 1797, [2017] All ER (D) 88 (Nov)

The child and the prospective adopters need for the security of adoption and his differing needs to those of his half siblings were factors the recorder was entitled to have regard to under the welfare test set by welfare checklist the Adoption and Children Act 2002. The Court of Appeal, Civil Division held that faced with a choice between two options each having advantages and disadvantages, the recorder had reached a clear and fully-reasoned decision in granting a care and placement order.

Costs—Order for costs

Optical Express Ltd and others v Associated Newspapers Ltd [2017] EWHC 2707 (QB), [2017] All ER (D) 96 (Nov)

In all the circumstances of the claimants’ libel claim, it would be unjust to make the normal orders upon the claimants’ late acceptance of a Pt 36 offer. The Queen’s Bench Division held, amongst other things, that the claimants’ delay in providing an elaboration of their case

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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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