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24 January 2014
Issue: 7591 / Categories: Case law , Law digest , In Court
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Family law

Re LC (Children) [2014] UKSC 1, [2014] All ER (D) 62 (Jan)

The courts might, in making a determination of habitual residence in relation to an adolescent child who had resided in a place under the care of one of her parents, have regard to her own state of mind during her period of residence there in relation to the nature and quality of that residence. It was settled law that the courts were required to search for some integration on the part of the child in a social and family environment in the suggested state of habitual residence. Where a child of any age went lawfully to reside with a parent in a state in which that parent was habitually resident, it would no doubt be highly unusual for that child not to acquire habitual residence there too. The same might be said of a situation in which, perhaps after living with a member of the wider family, a child went to reside there with both parents. However, in highly unusual cases there had to be

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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