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20 September 2013
Issue: 7576 / Categories: Case law , Law digest
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Family

Re A (children) (jurisdiction: return of child) [2013] UKSC 60, [2013] All ER (D) 66 (Sep)

Jurisdiction under Art 8 of Council Regulation (EC) 2201/2003 (Brussels II) depended upon where the child was habitually resident. An approach which held that presence was a necessary pre-cursor to residence and thus habitual residence was one which accorded most closely with the factual situation of the child. However, it could not be said that that was acte claire for the purpose of EU law. Article 14 of the Regulation applied where no court of a member state had jurisdiction under Arts 8 to 13. Where no other member state was involved, either the courts of England and Wales had jurisdiction under Art 8 or no court of a member state did so. In that case, the jurisdiction of England and Wales was determined by the laws of England and Wales.  

 

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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