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Weekly law digests

08 June 2018
Issue: 7796 / Categories: Case law , Law digest , In Court
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Child

Re S (a child) (abduction: Hague Convention or BIIa) [2018] EWCA Civ 1226, [2018] All ER (D) 149 (May)

Where a child, habitually resident in England and Wales, was alleged to have been wrongfully removed to or retained in another EU member state, the England and Wales courts had the power to make a return order summarily at the outset of proceedings when it had substantive jurisdiction under Council Regulation (EC) 2201/2003. However, the Court of Appeal, Civil Division, held that, absent a good reason to the contrary, the better course was for the court to defer making a return order until an application under the Hague Convention on the Civil Aspects of International Child Abduction 1980 had been determined in the other member state.

Employment

R (on the application of the Fire Brigades Union) v South Yorkshire Fire and Rescue Authority [2018] EWHC 1229 (Admin), [2018] All ER (D) 150 (May)

The defendant Fire and Rescue Authority’s shift system which involved periods during a working week of 96 hours of continuous duty, other

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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