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21 July 2017
Issue: 7755 / Categories: Case law , Law digest , In Court
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Family proceedings

Re C (Children) [2017] EWCA Civ 980, [2017] All ER (D) 94 (Jul)

Under the Hague Convention 1980, wrongful retention could occur before the previously agreed date of return (anticipatory retention) and whether anticipatory retention had occurred was a question of fact to be resolved by reference to the evidence of the circumstances. In the light of that finding the Court of Appeal, Civil Division held that the judge had failed to consider or address that key issue when considering whether the ‘circumstances surrounding the children’s applications for British citizenship’ amounted to ‘anticipatory retention. The case would be returned for a rehearing.

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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

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

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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