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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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