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12 January 2018
Issue: 7776 / Categories: Case law , Law digest , In Court
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Weekly law digests

Adoption

Re L (Children) [2017] EWCA Civ 2173, [2018] All ER (D) 15 (Jan)

The mother’s appeal against the making of final care orders and subsequently placement orders in respect of her two children had no prospect of success and permission to appeal should, accordingly, be refused. The Court of Appeal, Civil Division held that the judge had been entitled to conclude, on the evidence, that there had been no change of circumstances for the purpose of s 47(5) of the Adoption and Children Act 2006

Criminal law

R (upon the prosecution of Her Majesty’s Inspectors of Health and Safety) v Whirlpool UK Appliances Ltd [2017] EWCA Crim 2186, [2017] All ER (D) 124 (Dec)

A fine of £700,000 imposed upon the defendant company following a guilty plea to an offence contrary to the Health and Safety at Work Act 1974 s 3(1) was deemed manifestly excessive, on appeal. The Court of Appeal, Criminal Division, applying the Definitive Guideline on Corporate Manslaughter, held that the appropriate fine in the circumstances should have been one of £300,000. The sentence was quashed to reflect that finding.

Extradition

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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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