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Law digests: 4 September 2020

02 September 2020
Issue: 7900 / Categories: Case law , In Court , Law digest
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Adoption

R (on the application of Article 39) v Secretary of State for Education [2020] EWHC 2184 (Admin), [2020] All ER (D) 40 (Aug)

The claimant children’s rights charity unsuccessfully challenged the Adoption and Children (Coronavirus) Amendment Regulations 2020 (SI 2020/445) which amended a series of regulatory protections in respect of children social care services. The Administrative Court held that given the circumstances, there had not been an error of law in the consultation process. Nor had the 2020 Regulations exercised the statutory power in a way that had failed to promote the policy and objects of the statutes in question.


Divorce

S v C [2020] EWHC 2127 (Fam), [2020] All ER (D) 43 (Aug)

In the course of proceedings concerning financial provision following the parties’ divorce, the court had to decide to what extent it should exercise its jurisdiction under s 23 of the Matrimonial Causes Act 1973 so as to impose conditions on the release to the parties of a frozen fund of some £3.74m. The provenance

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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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