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Weekly law digests

10 January 2019
Issue: 7823 / Categories: Case law , Law digest , In Court
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Abduction

Re C (children) (abduction: physical or psychological harm) [2018] EWCA Civ 2834, [2019] All ER (D) 02 (Jan)

The appellant father was successful in his appeal against the judge’s decision to dismiss his application for the return of his two children to South Africa, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction 1980. The Court of Appeal, Civil Division, in allowing the appeal, held that the evidence had not supported the judge’s conclusions on which he had based his determination that Art 13(b) had been established, and the judge had failed to analyse the nature and degree of any risk based on the situation, as it would be for the children, in the future.

Child

Re A and B (children) [2018] EWHC 3491 (Fam), [2019] All ER (D) 01 (Jan)

The balance came down clearly and decisively against granting the applicant journalist permission to publish information about care proceedings brought by the respondent local authority in relation to two children. The Family Division also held that an injunction sought

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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