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Relocation, relocation...

20 February 2015 / Kim Beatson
Issue: 7641 / Categories: Features , Family
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Kim Beatson provides a round-up of leave to remove cases

Mr Justice Holman described international relocation cases as the “hardest of dilemmas” in the case of S v Z (Leave to Remove) [2012] EWHC 846 (fam), [2012] 2 FLR 581. These cases are difficult and painful for all concerned but travel between countries is an important part of everyday life and some would say that unrestricted movement from country to country is fundamental to our concept of freedom.

Payne v Payne [2001] EWCA Civ 166, [2001] Fam 473 is still the leading authority on relocation cases. Prior to Payne the guiding principle was based upon a presumption in favour of granting a reasonable and properly thought out application. Payne set out a new procedure for relocation cases and Dame Elizabeth Butler-Sloss stressed that “there is no presumption in favour of the applicant, but reasonable proposals made by the applicant parent, the refusal of which would have adverse consequences upon the stability of the new family and therefore an adverse effect upon the welfare of the

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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