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24 November 2023
Issue: 8050 / Categories: Case law , In Court , Law digest
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Law digests: 24 November 2023

Committal

Manchester City Council v Yusef and others [2023] EWHC 2792 (Fam), [2023] All ER (D) 63 (Nov)

The Family Division held that as the father was in breach of court orders, he was liable to be imprisoned for 12 months. The applicant Local authority had applied to commit the father to prison for breach of orders made by the court, with which it was alleged that father had, once again, failed to comply. The substantive proceedings concerned the father’s four children. The substantive application before the court was an application by the applicant for wardship orders in respect of the children and an order for summary return to the UK from the jurisdiction of Somalia. On the facts, the court was satisfied beyond reasonable doubt, that the father was in breach of several court orders. With considerable regret, having regard to the father’s moving description of the impact his imprisonment had had on him, and in circumstances where the solution lay with the father complying with the orders, the appropriate custodial sentence

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

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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