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

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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

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Sponsored by
Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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