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Law digests: 13 September 2024

13 September 2024
Issue: 8085 / Categories: Case law , In Court , Law digest
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Adoption

Re M (a child) [2024] EWCA Civ 1000, [2024] All ER (D) 55 (Aug)

The Court of Appeal, Civil Division, ruled on the appellant’s appeal against the order of the previous judge who had refused the local authority’s (LA) application for a placement order in respect of a four-year-old child, ‘M’. The judge said he considered of the fact that M as a child in care could have been stigmatised and at increased risk of breakdown of long-term fostering placements. However, the fact that there was such a close bond between mother and daughter, it would have helped to make the foster placement stronger, and less likely to break down. The LA advanced three grounds of appeal and argued that the judge: (i) erred in peremptorily dismissing adoption as a realistic option for M; (ii) failed to sufficiently evaluate the realistic options; and (iii) his reasons were inadequate. The court held that it was difficult to comprehend how the judge so unhesitatingly reached the decision he did. The judgment lacked a rigorous

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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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