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28 January 2021
Issue: 7918 / Categories: Case law , In Court , Law digest
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Law digests: 29 January 2021

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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