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Weekly law digests

20 June 2019
Issue: 7845 / Categories: Case law , In Court , Law digest
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Family proceedings

A City Council v LS and others [2019] EWHC 1384 (Fam), [2019] All ER (D) 12 (Jun)

Notwithstanding that a child (aged 17) was demonstrably at grave risk of serious, and possibly fatal, harm from his alleged involvement in gang activity, the High Court did not have power, under its inherent jurisdiction and on the application of a local authority, to authorise the placement, in secure accommodation, of the child who was not ‘looked after’ by that authority, within the meaning of s 22(1) of the Children Act 1989 (ChA 1989), and whose parent with parental responsibility objected to that course of action. Accordingly, the Family Division dismissed the authority’s application, holding that, in circumstances where there was no care order in force concerning the child and where the child was not a ‘looked after’ child, for the purposes of ChA 1989 s 25, the effect of the order sought by the authority would be to require the child to be removed from his mother’s care and be accommodated by the authority;

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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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