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Law digests: 24 November 2023

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

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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