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26 June 2015
Issue: 7658 / Categories: Case law , Law digest , In Court
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Adoption

Re M’P-P (Children): (Adoption proceedings: value to be placed on status quo) [2015] EWCA Civ 584, [2015] All ER (D) 148 (Jun)

The judge had had to decide whether to place two young children with their paternal aunt in Belgium or to allow them to remain with their long-term foster carer who had applied to adopt them. The judge had ordered that the children be sent to their aunt. The Court of Appeal, Civil Division, allowed the foster carer’s appeal. The judge had erred in eliding the two welfare check-lists in the Children Act 1989 and the Adoption and Children Act 2002 and failed to give any regard to the effect on the children of removing them from the care of their primary attachment figure, when it was common ground that that was a strong and entirely positive relationship, and, likewise, failed to attribute any value, from the children’s perspective, to the continuation of that relationship.

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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