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Moving along

31 March 2017 / Victoria Rylatt , Kim Beatson
Issue: 7740 / Categories: Features , Family
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Kim Beatson & Victoria Brown provide an update on leave to remove

  • The recent case regarding external relocation, M v F [2016] EWHC 3194 (Fam), confirmed that the children’s welfare was the paramount consideration and that the factors considered in Payne were “merely a checklist of factors which will or may need to be weighed in the balance”.
  • In Re R (a child) (domestic abduction) [2016] EWCA Civ 1016, [2016] the court rejected the submission that the approach taken in international abduction cases should be adopted in domestic abduction cases.

Recent cases have rejected the idea that Payne v Payne [2001] EWCA Civ 166, [2001] All ER (D) 142 (Feb) sets out any presumptions in deciding relocation cases. They have emphasised that the only real principle to be taken from Payne is that the welfare of the child is paramount, whether it is statutorily required or not. These cases have focused the jurisprudence on the welfare of the child and the need to carry out a “holistic valuative analysis” taking all factors relevant to relocation

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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