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29 January 2020
Issue: 7872 / Categories: Case law , In Court , Law digest
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Weekly law digests

Charity

Derby Teaching Hospitals NHS Foundation Trust and others v Derby City Council and others (Charity Commission for England and Wales intervening) [2019] EWHC 3436 (Ch), [2020] All ER (D) 58 (Jan) 

The lead claimant, an NHS foundation trust, was not established for charitable purposes under the definition of ‘charity’ in both the Local Government Finance Act 1988 and the Charities Act 2011. Accordingly, the Chancery Division found that the claimants could not reduce their liability to pay non-domestic rates in the properties they occupied, by one fifth, under s 43 of the Local Government Finance Act 1988.

Child

L (a child) (special guardianship order: reasons) [2020] EWCA Civ 20, [2020] All ER (D) 98 (Jan)

The judge had been entitled to make a special guardianship order in favour of the maternal grandmother and reject the application of the local authority, supported by the children’s guardian, for a care plan for adoption. The Court of Appeal, Civil Division, dismissing the guardian’s appeal, held that the judge had carried out a thorough evaluation of the relevant evidence and his decision could not be described

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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