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Weekly law digests

24 November 2017
Issue: 7771 / Categories: Case law , Law digest , In Court
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Air traffic—Airport

R (on the application of Monarch Airlines Ltd (in administration)) v Airport Co-ordination Ltd (Manchester Airports Group plc intervening) [2017] EWHC 2896 (Admin), [2017] All ER (D) 129 (Nov)

The defendant was not under a duty to allocate summer 2018 permissions to use airport infrastructure necessary for the operation of air services at specified times for the purpose of the taking off and landing of aircraft to the claimant airline (Monarch), which was in administration. The Divisional Court, in dismissing Monarch’s application for judicial review, held that such a duty would not accord with the purpose underlying the relevant regulations and Monarch was not an air carrier.

Bankruptcy

Re Brown; Official Receiver v Brown [2017] EWHC 2728 (Ch), [2017] All ER (D) 135 (Nov)

The Official Receiver’s certification of the respondent bankrupt’s non-compliance with the Insolvency Act 1986 had been correct and, in the absence of any reasonable excuse for non-compliance, the respondent was guilty of contempt of court and liable to be punished. So held the Chancery Division in circumstances where the respondent had failed to provide the Official Receiver with

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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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