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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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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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