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

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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

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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