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Law digests: 25 February 2022

25 February 2022
Issue: 7968 / Categories: Case law , In Court , Law digest
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Human rights

AB (by the Official Solicitor, his litigation friend) v Worcestershire County Council and another [2022] EWHC 115 (QB), [2022] All ER (D) 76 (Jan)

The Queen’s Bench Division allowed the defendant councils’ application for summary judgment, and struck out the claim based on art 6 of the European Convention on Human Rights, in circumstances where the claimant had been abused by his mother while he had lived in the second defendant’s local authority area from 2005 to 2011, and the first defendant’s until 2016, but had not been made the subject of a care order until 2015. With regards to the strike out application, the claimant’s art 6 claim, that he had a civil right to be taken into care, disclosed no legally recognisable claim given that a child has no right to seek a care order or have one made in respect of their care. Only a local authority is empowered to make such an application and in doing so the authority is not acting on behalf of the

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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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