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14 August 2013
Issue: 7573 / Categories: Case law , Law digest , In Court
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Family

Re MP (a child) (care proceedings: jurisdiction) [2013] EWHC 2062 (Fam), [2013] All ER (D) 75 (Aug)

The following principles applied with respect to Art 15 of Council Regulation 2201/2003: (i) the burden was upon the person applying to establish that a stay of the proceedings was appropriate; (ii) the applicant had to show, not only that England was not the natural or appropriate forum, but also that the other jurisdiction was clearly the more appropriate forum; (iii) in assessing the appropriateness of each forum, the court had to discern the forum with which the case had the more real and substantial connection in terms of convenience, expense and the availability of witnesses; (iv) if the court were to conclude that the other forum would be clearly more appropriate, it should grant a stay unless other more potent factors were to drive the opposite result; and (v) in the exercise to be conducted at (iv), the welfare of the child was an important, but not a paramount, consideration. The scope of the best interests enquiry did not involve

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Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

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NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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