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15 December 2023
Issue: 8053 / Categories: Case law , In Court , Law digest
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Law digests: 15 December 2023

Alternative dispute resolution

Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, [2023] All ER (D) 04 (Dec)

The Court of Appeal, Civil Division, allowing the appeal of the defendant local authority in a nuisance matter, held that the court could lawfully order the parties to court proceedings to engage in a non-court-based dispute resolution process, including the kind of non-court-based dispute resolution in issue in the instant case which was the appellant local authority’s internal complaints procedure to which the respondent was not contractually bound.


Immigration

R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin), [2023] All ER (D) 157 (Nov)

The Administrative Court ruled on the claimant Kent County Council’s claim for judicial review for unaccompanied asylum-seeking (UAS) children entering the UK in Kent on small boats. The claimant sought a declaration that the defendant Secretary of State for the Home Department (the Secretary of State) was acting unlawfully and sought an order requiring that the Secretary of State implement an effective NTS (National Transfer Scheme)

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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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