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12 January 2018
Issue: 7776 / Categories: Case law , Law digest , In Court
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Weekly law digests

Adoption

Re L (Children) [2017] EWCA Civ 2173, [2018] All ER (D) 15 (Jan)

The mother’s appeal against the making of final care orders and subsequently placement orders in respect of her two children had no prospect of success and permission to appeal should, accordingly, be refused. The Court of Appeal, Civil Division held that the judge had been entitled to conclude, on the evidence, that there had been no change of circumstances for the purpose of s 47(5) of the Adoption and Children Act 2006

Criminal law

R (upon the prosecution of Her Majesty’s Inspectors of Health and Safety) v Whirlpool UK Appliances Ltd [2017] EWCA Crim 2186, [2017] All ER (D) 124 (Dec)

A fine of £700,000 imposed upon the defendant company following a guilty plea to an offence contrary to the Health and Safety at Work Act 1974 s 3(1) was deemed manifestly excessive, on appeal. The Court of Appeal, Criminal Division, applying the Definitive Guideline on Corporate Manslaughter, held that the appropriate fine in the circumstances should have been one

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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 
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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’
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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