header-logo header-logo

25 February 2022
Issue: 7968 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 25 February 2022

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick Vernon, Walkers Bermuda

NLJ Career Profile: Nick Vernon, Walkers Bermuda

Nick Vernon of Walkers on swapping Birmingham for Bermuda and building an employment practice by the sea

Bird & Bird—Christian Bartsch

Bird & Bird—Christian Bartsch

Global firm re-elects CEO for second term

Fletchers Group—Miriam Hall

Fletchers Group—Miriam Hall

Business appoints managing director of operational excellence

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
back-to-top-scroll