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Weekly law digests

08 March 2018
Issue: 7784 / Categories: Case law , Law digest , In Court
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Employment

Mruke v Khan [2018] EWCA Civ 280 [2018] All ER (D) 16 (Mar)

The Employment Tribunal had not erred by confusing the motive for employing the employee with the issue of what characteristics should be attributed to the hypothetical comparator under the Race Relations Act 1976. The Court of Appeal, Civil Division, further held that the decision of the ET on constructive dismissal was perverse and substituted a decision that the employee had been unfairly dismissed by the respondent.

Family proceedings

Re A-F (children) (care orders: restrictions on liberty) [2018] EWHC 138 (Fam) [2018] All ER (D) 21 (Feb)

The present test cases raised various substantive and procedural questions in relation to the interface between care proceedings brought in the Family Court, pursuant to Pt IV of the Children Act 1989, and the requirements of art 5 of the European Convention on Human Rights. The Family Division held that the situation of the young or very young did not involve a confinement, gave a rule of thumb on at what point in the child’s

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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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