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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

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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