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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

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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