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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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