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Law digests: 3 February 2023

03 February 2023
Issue: 8011 / Categories: Case law , In Court , Law digest
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Child

R v T [2022] EWHC 3362 (Fam), [2023] All ER (D) 56 (Jan)

The Family Division ruled on preliminary issues concerning jurisdiction, which arose in the course of the British applicant’s applications, seeking orders for the children (including A) to spend time with her, following the breakdown of her civil partnership with the respondent (the children’s gestational mother). The children (who were British, but currently lived in the UAE with the respondent) had been conceived through IVF or intrauterine insemination. The applicant contended that she was the children’s legal and psychological mother and parent and that, if the English court declined to accept jurisdiction under the Family Law Act 1986, she would have no way of having her ‘parental rights’ determined because the UAE did not recognise parental rights relating to same-sex parents and criminalised same-sex relationships. The court considered, among other things, whether the applicant was a parent within the meaning of s 42 of the Human Fertilisation and Embryology Act 2008 and, concerning the issue of consent

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
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Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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