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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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

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Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
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A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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