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

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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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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
Your magistrates’ court needs you!
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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