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28 January 2021
Issue: 7918 / Categories: Case law , In Court , Law digest
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Law digests: 29 January 2021

Asylum

R (on the application of AS) v Liverpool City Council [2020] EWHC 3531 (Admin), [2021] All ER (D) 02 (Jan)

In the course of judicial review proceedings, challenging an age assessment conducted on behalf of the defendant local authority, which had concluded that the claimant asylum seeker was aged 20 or over and not a child, as he claimed, the Administrative Court allowed the claimant’s application for interim relief and granted an order that the authority should continue to accommodate and support him as a child in its care. Interim relief was granted until the issue of permission to apply for judicial review was determined, or further order.


Conflict of laws

Etihad Airways PJSC v Flöther [2020] EWCA Civ 1707, [2021] All ER (D) 05 (Jan)

In dismissing the appeal of Air Berlin’s insolvency administrator, whose application disputed the jurisdiction of the English courts to resolve disputes arising out of a facility agreement entered into between Air Berlin and the respondent, the Court of Appeal, Civil Division, found that the ‘asymmetric’ exclusive jurisdiction clause contained in the facility agreement between

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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