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10 February 2011
Issue: 7452 / Categories: Case law , Law digest
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Human rights

ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4, [2011] All ER (D) 02 (Feb)

When considering the removal of the parent of a British child from the UK, in making the proportionality assessment under Art 8 of the European Convention on Human Rights (ECHR), the best interests of the child had to be a primary consideration. That meant that they had to be considered first. They could, of course, be outweighed by the cumulative effect of other considerations. The “best interests of the child” broadly meant the well-being of the child. Specifically, it involved asking whether it was reasonable to expect the child to live in another country.

Relevant to that would be the level of the child’s integration in the UK and the length of absence from the other country; where and with whom the child was to live and the arrangements for looking after the child in the other country; and the strength of the child’s relationships with parents or other family members which would be severed if the child had to

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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