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19 February 2016
Issue: 7687 / Categories: Case law , Law digest , In Court
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Conflict of laws

Re D (A Child) (International Recognition) [2016] EWCA Civ 12, [2016] All ER (D) 221 (Jan)

The Court of Appeal dismissed a father’s appeal against the mother’s successful appeal against recognition and enforcement of an order obtained in Romania regarding their child, who was habitually resident in England. It was both a welfare and fundamental principle whether a child was to be heard and the question to be determined by the court, by reference to the child’s age and understanding, was “whether and if so how was the child to be heard”. As the child in the present case had not been given an opportunity to be heard in the Romanian proceedings, the judge had been correct to refuse recognition and enforcement of its order pursuant to Art 23(b) of Council Regulation (EC) 2201/2003.

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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
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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
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