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28 February 2019
Issue: 7830 / Categories: Case law , In Court , Law digest
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Weekly law digests

Child

Re H (care and adoption: assessment of wider family) [2019] EWFC 10, [2019] All ER (D) 89 (Feb)

A local authority was not absolutely required, or under a duty (by statute or otherwise), to inform or consult members of a child’s extended family about the existence of that child or the plans for his adoption, in circumstances where they had not been proposed by the child’s parents as potential alternative carers and where the parents (or either of them) specifically did not wish the wider family to be involved. In such circumstances, the court, and/or the authority or adoption agency, could exercise its broad judgment on the facts of each individual case, taking into account all of the circumstances, but attaching primacy to the welfare of the subject child. The Family Court so ruled concerning the authority’s application for guidance on whether it should take steps to track down the paternal family members of a five-month-old baby (who was the subject of an interim care order and whose parents had a history of substance

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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