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13 October 2023
Issue: 8044 / Categories: Case law , In Court , Law digest
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Law digests: 13 October 2023

Abduction

Re D (a Child) (Abduction: Child’s Objections: Representation of Child Party) [2023] EWCA Civ 1047, [2023] All ER (D) 05 (Oct)

The Court of Appeal, Civil Division, ruled on various issues in relation to a child’s (D) appeal against the judge who found that D objected to being returned to Singapore but exercised his discretion by making a return order. D had acted through his solicitor during these proceedings, in which the solicitor was also appointed by the court as his guardian in the proceedings. The issues were whether: (i) the judge erred in his approach to the role of a solicitor who is also acting as guardian in proceedings under the Hague Convention of 25 October 1980 on Civil International Aspects of Child Abduction (the 1980 Hague Convention) and, as a result, wrongly attached no weight to the opinions of the solicitor; (ii) the judge erred in attaching little weight to the views of a Gillick-competent child on the basis that he had been exposed to the father’s undue influence;

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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