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Weekly law digests

24 November 2017
Issue: 7771 / Categories: Case law , Law digest , In Court
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Air traffic—Airport

R (on the application of Monarch Airlines Ltd (in administration)) v Airport Co-ordination Ltd (Manchester Airports Group plc intervening) [2017] EWHC 2896 (Admin), [2017] All ER (D) 129 (Nov)

The defendant was not under a duty to allocate summer 2018 permissions to use airport infrastructure necessary for the operation of air services at specified times for the purpose of the taking off and landing of aircraft to the claimant airline (Monarch), which was in administration. The Divisional Court, in dismissing Monarch’s application for judicial review, held that such a duty would not accord with the purpose underlying the relevant regulations and Monarch was not an air carrier.

Bankruptcy

Re Brown; Official Receiver v Brown [2017] EWHC 2728 (Ch), [2017] All ER (D) 135 (Nov)

The Official Receiver’s certification of the respondent bankrupt’s non-compliance with the Insolvency Act 1986 had been correct and, in the absence of any reasonable excuse for non-compliance, the respondent was guilty of contempt of court and liable to be punished. So held the Chancery Division in circumstances where

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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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