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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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