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30 June 2011
Issue: 7472 / Categories: Case law , Law digest , In Court
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Family

Re B (children) (adoption) [2011] EWCA Civ 729, [2011] All ER (D) 159 (Jun)

A judge had jurisdiction to make an injunction to prevent the removal of children in short-term foster placements by the local authority, pending the hearing of an application for an adoption order. In determining whether to make the injunction, the judge should pose to himself, and seek to answer, an initial question as follows:

(a) was there a real prospect that the foster parents would establish that the authority’s decision to remove the children from them notwithstanding that they wished to adopt them was, by reference to public law principles, irrational, disproportionate or otherwise unlawful or was otherwise in breach of their rights, or those of the adopters or of those of the children under Art 8 of the European Convention on Human Rights. If the judge’s answer to question (a) was negative, he should refuse to grant the injunction. However, if his answer to the question was affirmative, he should proceed to address further questions which, without purporting to be prescriptive, might run along

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
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