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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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