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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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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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