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10 January 2019
Issue: 7823 / Categories: Case law , Law digest , In Court
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Weekly law digests

Abduction

Re C (children) (abduction: physical or psychological harm) [2018] EWCA Civ 2834, [2019] All ER (D) 02 (Jan)

The appellant father was successful in his appeal against the judge’s decision to dismiss his application for the return of his two children to South Africa, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction 1980. The Court of Appeal, Civil Division, in allowing the appeal, held that the evidence had not supported the judge’s conclusions on which he had based his determination that Art 13(b) had been established, and the judge had failed to analyse the nature and degree of any risk based on the situation, as it would be for the children, in the future.

Child

Re A and B (children) [2018] EWHC 3491 (Fam), [2019] All ER (D) 01 (Jan)

The balance came down clearly and decisively against granting the applicant journalist permission to publish information about care proceedings brought by the respondent local authority in relation to two children. The Family Division also held that an injunction sought

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MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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