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Weekly law digests

15 August 2019
Issue: 7853 / Categories: Case law , In Court , Law digest
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Care proceedings

A v A local authority and others [2019] EWCA Civ 1360, [2019] All ER (D) 27 (Aug)

The judge had erroneously found that either or both of the parents had inflicted a non-accidental injury on their one-year-old child and thereby rejected an alternative cause that the injury could have been caused accidentally when the child was in the care of his 11-year-old cousin. The Court of Appeal, Civil Division, held that there had been a lack of a coherent structure to the judge’s judgment providing clarity as to the findings which had been made and a lack of balance in reaching a conclusion as to the credibility of the parents.

Employment

Harpur Trust v Brazel (Unison intervening) [2019] EWCA Civ 1402, [2019] All ER (D) 40 (Aug)

The Employment Appeal Tribunal (the EAT) had held that the Working Time Regulations 1998, SI 1998/1833, made no provision for pro-rating of annual leave in circumstances where the respondent teacher did not have normal working hours within the meaning of the Employment Rights Act

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MOVERS & SHAKERS

Bloomsbury Square Employment Law—Donna Clancy

Bloomsbury Square Employment Law—Donna Clancy

Employment law team strengthened with partner appointment

mfg Solicitors—Matt Smith

mfg Solicitors—Matt Smith

Corporate solicitor joins as partner in Birmingham

Freeths—Joe Lythgoe

Freeths—Joe Lythgoe

Corporate director with expertise in creative industries joins mergers and acquisitions team

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
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