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Law digests: 13 September 2024

13 September 2024
Issue: 8085 / Categories: Case law , In Court , Law digest
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Adoption

Re M (a child) [2024] EWCA Civ 1000, [2024] All ER (D) 55 (Aug)

The Court of Appeal, Civil Division, ruled on the appellant’s appeal against the order of the previous judge who had refused the local authority’s (LA) application for a placement order in respect of a four-year-old child, ‘M’. The judge said he considered of the fact that M as a child in care could have been stigmatised and at increased risk of breakdown of long-term fostering placements. However, the fact that there was such a close bond between mother and daughter, it would have helped to make the foster placement stronger, and less likely to break down. The LA advanced three grounds of appeal and argued that the judge: (i) erred in peremptorily dismissing adoption as a realistic option for M; (ii) failed to sufficiently evaluate the realistic options; and (iii) his reasons were inadequate. The court held that it was difficult to comprehend how the judge so unhesitatingly reached the decision he did. The judgment lacked a rigorous and unsentimental assessment of the viability of that

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MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

Excello Law—Heather Horsewood & Darren Barwick

Excello Law—Heather Horsewood & Darren Barwick

North west team expands with senior private client and property hires

Ward Hadaway—Paul Wigham

Ward Hadaway—Paul Wigham

Firm boosts corporate team in Newcastle to support high-growth technology businesses

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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