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13 January 2023
Issue: 8008 / Categories: Case law , In Court , Law digest
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Law digests: 6 & 13 January 2023

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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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