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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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