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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

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
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