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16 June 2011
Issue: 7470 / Categories: Case law , Law reports
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Child—Abduction—Removal outside jurisdiction

Re E (children) (international abduction) [2011] UKSC 27, [2011] All ER (D) 62 (Jun)

Supreme Court, Lord Hope, Lord Walker, Lady Hale, Lord Kerr and Lord Wilson, 10 Jun 2011

The whole of the Hague Convention was designed for the benefit of children, not of adults. Their best interests had two aspects: to be reunited with their parents as soon as possible, so that one did not gain an unfair advantage over the other through the passage of time; and to be brought up in a “sound environment”, in which they were not at risk of harm.

Henry Setright QC and David Williams for the mother. James Turner QC and Ian Cook for the father. Baroness Scotland QC and Edward Devereux for T. Deirdre Fottrell and Radhika Handa (instructed by Mishcon de Reya) for the intervener, the AIRE Centre. Richard Harrison and Jennifer Perrins (instructed by Bindmans LLP) for the intervener, Reunite International. Stephen Knafler QC, Teertha Gupta, Irena Sabic and Neil Jeffs (instructed by Sternberg Reed) for the intervener, Women’s Aid Federation

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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’
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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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