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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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

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