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02 September 2020
Issue: 7900 / Categories: Case law , In Court , Law digest
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Law digests: 4 September 2020

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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