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Weekly law digests

08 June 2018
Issue: 7796 / Categories: Case law , Law digest , In Court
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Child

Re S (a child) (abduction: Hague Convention or BIIa) [2018] EWCA Civ 1226, [2018] All ER (D) 149 (May)

Where a child, habitually resident in England and Wales, was alleged to have been wrongfully removed to or retained in another EU member state, the England and Wales courts had the power to make a return order summarily at the outset of proceedings when it had substantive jurisdiction under Council Regulation (EC) 2201/2003. However, the Court of Appeal, Civil Division, held that, absent a good reason to the contrary, the better course was for the court to defer making a return order until an application under the Hague Convention on the Civil Aspects of International Child Abduction 1980 had been determined in the other member state.

Employment

R (on the application of the Fire Brigades Union) v South Yorkshire Fire and Rescue Authority [2018] EWHC 1229 (Admin), [2018] All ER (D) 150 (May)

The defendant Fire and Rescue Authority’s shift system which involved periods during a working week of 96 hours of continuous duty, other

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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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