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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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