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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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Withers—Sophie Barrett-Brown

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Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

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Venus Legal invests in next generation of legal talent as specialist litigation practice grows

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Fisher Phillips continues momentum in London with arrival of Catrina Smith

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Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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