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Law digests: 8 September 2023

08 September 2023
Issue: 8039 / Categories: Case law , In Court , Law digest
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Family proceedings

A v M [2023] EWHC 1900 (Fam), [2023] All ER (D) 96 (Aug)

The High Court, Family Division, upheld an application by both the applicant husband and respondent wife for a reporting restriction order (RRO), having dismissed an appeal by the husband. The husband and wife were separated. The husband’s companies had entered insolvent administration. It fell to be determined, among other things: (i) the test to be applied to an application to adduce fresh evidence under FPR 30.12(2)(b); (ii) whether the trial court had been incorrect in finding that any award would likely go the husband’s creditors; and (iii) whether an RRO should be granted. The court held that (i) the application for leave to adduce fresh evidence under FPR 30.12(2)(b) had been totally without merit; (ii) the previous judge’s findings that any large amount of outright capital would be attached by the husband’s creditors and the maintenance award were impregnable; and (iii) the request for redactions met the necessary standard that there had been a significant risk that,

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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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