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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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