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Law digests: 6 & 13 January 2023

13 January 2023
Issue: 8008 / Categories: Case law , In Court , Law digest
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Child

Re N (a child) (instruction of expert) [2022] EWCA Civ 1588, [2022] All ER (D) 24 (Dec)

The Court of Appeal, Civil Division, dismissed the appellant’s appeal against a case management order under the Children Act 1989 (ChA 1989) relating to a boy, A, a minor. The order under appeal had permitted the parties to instruct a named independent social worker to carry out an assessment to assist the court to determine issues relating to child arrangements and education. The expert named in the order was a woman. The appellant father had proposed that the assessment should be carried out by a male social worker. He had argued that the order which had permitted the instruction of a female social worker was an infringement of his right to a fair hearing under art 6 and his right to manifest his religious beliefs under art 9 of the European Convention on Human Rights. The court held, among other things, that the judge was fully entitled to reject the father’s human rights arguments.

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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