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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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