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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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