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Weekly law digests

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

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Winckworth Sherwood—Charlie Hancock

Winckworth Sherwood—Charlie Hancock

Private wealth and tax offering bolstered by partner hire

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

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

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
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
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
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