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Law digests: 2 & 9 April 2021

31 March 2021
Issue: 7927 / Categories: Case law , In Court , Law digest
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Employment

Page v Lord Chancellor and another [2021] EWCA Civ 254, [2021] All ER (D) 66 (Mar)

The appellant was removed as a magistrate because he had declared publicly that, in dealing with cases involving adoption by same-sex couples he would proceed, not on the basis of the law or the evidence, but on the basis of his own preconceived beliefs about such adoptions. The Court of Appeal Civil Division held that the Employment Appeal Tribunal had been entitled to uphold a finding of the employment tribunal that the appellant’s dismissal as a magistrate had not been the result of victimisation.


Estoppel

Howe and another v Gossop and another [2021] EWHC 637 (Ch), [2021] All ER (D) 95 (Mar)

The appellant landowners failed in their appeal against a judge’s decision that, following an oral agreement between the parties, the appellant would transfer two additional pieces of land to the respondents in return for the waiver of their obligation to pay a certain sum to the respondent, a proprietary estoppel

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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