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Law digests: 15 December 2023

15 December 2023
Issue: 8053 / Categories: Case law , In Court , Law digest
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Alternative dispute resolution

Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, [2023] All ER (D) 04 (Dec)

The Court of Appeal, Civil Division, allowing the appeal of the defendant local authority in a nuisance matter, held that the court could lawfully order the parties to court proceedings to engage in a non-court-based dispute resolution process, including the kind of non-court-based dispute resolution in issue in the instant case which was the appellant local authority’s internal complaints procedure to which the respondent was not contractually bound.


Immigration

R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin), [2023] All ER (D) 157 (Nov)

The Administrative Court ruled on the claimant Kent County Council’s claim for judicial review for unaccompanied asylum-seeking (UAS) children entering the UK in Kent on small boats. The claimant sought a declaration that the defendant Secretary of State for the Home Department (the Secretary of State) was acting unlawfully and sought an order requiring that the

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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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