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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 of

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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