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Weekly law digests

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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