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Hard decisions

09 September 2010 / Claire Sanders
Issue: 7432 / Categories: Features , LexisPSL
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Claire Sanders reports on the complexities of high conflict cases

Who would want to be in the shoes of the judge who has to decide whether the residence of a 12 -year-old boy (S) should be transferred from his primary carer mother to his father from whom the child had become alienated and described as a “monster”? That was the unenviable position of HHJ Bellamy in the case of TE v SH and S [2010] EWHC 192.

S’s parents had separated before his birth and he had always lived with his mother (M). Children proceedings began when he was aged one. Although contact had taken place between S and his father (F) it had broken down in 2006 and no direct contact had taken place since.

Proceedings

It was found within the proceedings that S was alienated from F. The expert, Dr Weir described the concept of alienation as “children who show an extraordinary degree of animosity to a parent with whom they had once had a loving relationship”.

HHJ Bellamy held that the decision

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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