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

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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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