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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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