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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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MOVERS & SHAKERS

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NLJ Career Profile: Daniel Burbeary, Michelman Robinson

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Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

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West End firm strengthens employment and immigration team with partner hire

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NEWS
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NLJ this week: CPR tweak closes third-party disclosure gap
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
NLJ this week: Court of Appeals wrestles with Mazur fallout
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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