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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

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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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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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