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Law digests: 25 September 2020

23 September 2020
Issue: 7903 / Categories: Case law , In Court , Law digest
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Children & young persons

Re C (a child) (parental order and child arrangements order) [2020] EWHC 2141 (Fam), [2020] All ER (D) 27 (Sep)

A surrogate child (C) had his ‘home’ with the father and the mother (the parents), within the meaning of s 54(4)(a) of the Human Fertilisation and Embryology Act 2008, notwithstanding that the parents were separated and lived in two separate households. The Family Division so ruled, having given a wide and purposive interpretation of the word ‘home’. Accordingly, the court granted a parental order in favour of the parents. Further, and among other things, the court held that it was in C’s welfare best interests to make a child arrangements order that he live with his father (with whom he currently lived) and spent time with his mother.


Contract

Lodha Developers 1 GSQ Ltd v 1 GSQ 1 Ltd and another [2020] EWHC 2356 (Ch), [2020] All ER (D) 30 (Sep)

The claimant company sought summary judgment for: (i) a declaration that a sale and purchase agreement

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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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