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Law digests: 1 September 2023

01 September 2023
Issue: 8038 / Categories: Case law , In Court , Law digest
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Appeal

BF v LE [2023] EWHC 2009 (Fam), [2023] All ER (D) 78 (Aug)

The High Court, Family Division, dismissed the appellant’s (B) claim to have a consent order set aside. Financial remedy proceedings commenced in 2018 where B made a witness statement alleging domestic abuse by the defendant husband. The consent order was signed by both parties and their legal representatives. It fell to be decided whether (i) B had lacked capacity at the material time of the final hearing and the signing of the order and; (ii) there should have been participatory directions/special measures in force pursuant to CPR PD 3AA and FPR, Part 3A. The court held that both grounds should have been raised on appeal. The Mental Capacity Act 2005 created a presumption in favour of capacity: therefore, there was no error in the previous decisions of district courts. Further, the fact that B had raised the allegations of domestic abuse before the final hearing, and that she might have benefited from special measures, did not lead

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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