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31 January 2019
Issue: 7826 / Categories: Case law , In Court , Law digest
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Weekly law digests

Abduction

MG v JH [2018] EWHC 3477 (Fam), [2018] All ER (D) 171 (Nov)

The Family Division adjourned the mother’s application for permission to take the child on holiday to Mexico until the final hearing in the matter in July 2019, to allow for further evidence. The court found that as the mother had previously wrongfully retained the child in Mexico there was a risk of non-return if the child were to return to Mexico. In any event, further evidence was required, particularly from a CAFCASS guardian, before a decision could be made.

Conflict of laws

PJSC Commercial Bank PrivatBank v Kolomoisky and others [2018] EWHC 3308 (Ch), [2019] All ER (D) 74 (Jan)

Various orders were made concerning the claimant Ukrainian bank’s fraud claim for over US$1bn against various defendants. Among other things, the Chancery Division allowed the English defendants’ application to set aside freezing orders made in earlier proceedings, and stayed the bank’s claim against them. Further, the court set aside service of the claim form on the BVI defendants and freezing

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
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