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17 December 2021
Issue: 7961 / Categories: law reports , In Court , Law digest
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Law digests: 17 December 2021

Family proceedings

Re AI M [2021] EWHC 303 (Fam), [2021] All ER (D) 112 (Jan)

The Family Division allowed the mother’s application for an additional legal services funding order of £643,000, in relation to an appeal which was listed to be heard in the Court of Appeal, Civil Division, concerning an earlier ruling, in proceedings concerning two children, on the question of whether the court had jurisdiction to investigate the acts of the state of the UAE and or Dubai. The court considered that, in circumstances where it had already determined that, irrespective of the assets the mother undoubtedly had at her disposal, the father should be funding her legal fees on an ongoing basis during the currency of the proceedings, it could see no distinction which would justify limiting its jurisdiction, so as to exclude funding of an appeal process. Further, the court held that it was either irrelevant, or certainly not determinative, that the Court of Appeal had a security for costs mechanism available to it, and that the father

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MOVERS & SHAKERS

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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