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Law digests: 29 January 2021

28 January 2021
Issue: 7918 / Categories: Case law , In Court , Law digest
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Asylum

R (on the application of AS) v Liverpool City Council [2020] EWHC 3531 (Admin), [2021] All ER (D) 02 (Jan)

In the course of judicial review proceedings, challenging an age assessment conducted on behalf of the defendant local authority, which had concluded that the claimant asylum seeker was aged 20 or over and not a child, as he claimed, the Administrative Court allowed the claimant’s application for interim relief and granted an order that the authority should continue to accommodate and support him as a child in its care. Interim relief was granted until the issue of permission to apply for judicial review was determined, or further order.


Conflict of laws

Etihad Airways PJSC v Flöther [2020] EWCA Civ 1707, [2021] All ER (D) 05 (Jan)

In dismissing the appeal of Air Berlin’s insolvency administrator, whose application disputed the jurisdiction of the English courts to resolve disputes arising out of a facility agreement entered into between Air Berlin and the respondent, the Court of Appeal, Civil Division, found that the ‘asymmetric’

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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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