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19 February 2016
Issue: 7687 / Categories: Case law , Law digest , In Court
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Conflict of laws

Re D (A Child) (International Recognition) [2016] EWCA Civ 12, [2016] All ER (D) 221 (Jan)

The Court of Appeal dismissed a father’s appeal against the mother’s successful appeal against recognition and enforcement of an order obtained in Romania regarding their child, who was habitually resident in England. It was both a welfare and fundamental principle whether a child was to be heard and the question to be determined by the court, by reference to the child’s age and understanding, was “whether and if so how was the child to be heard”. As the child in the present case had not been given an opportunity to be heard in the Romanian proceedings, the judge had been correct to refuse recognition and enforcement of its order pursuant to Art 23(b) of Council Regulation (EC) 2201/2003.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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