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13 December 2013
Issue: 7588 / Categories: Case law , Law digest , In Court
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Family

Re KL (A Child) [2013] UKSC 75, [2013] All ER (D) 24 (Dec)

It was settled law that habitual residence was a question of fact which should not be glossed with legal concepts which would produce a different result from that which the factual inquiry would produce. The concept corresponded to the place which reflected some degree of integration by the child in a social and family environment. Further, it was clear that parental intent did play a part in establishing or changing the habitual residence of a child: not parental intent in relation to habitual residence as a legal concept, but parental intent in relation to the reasons for a child’s leaving one country and going to stay in another. That would have to be factored in, along with all the other relevant factors in deciding whether a move from one country to another had a sufficient degree of stability to amount to a change of habitual residence. 

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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