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30 June 2011
Issue: 7472 / Categories: Case law , Law digest , In Court
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Family

Re B (children) (adoption) [2011] EWCA Civ 729, [2011] All ER (D) 159 (Jun)

A judge had jurisdiction to make an injunction to prevent the removal of children in short-term foster placements by the local authority, pending the hearing of an application for an adoption order. In determining whether to make the injunction, the judge should pose to himself, and seek to answer, an initial question as follows:

(a) was there a real prospect that the foster parents would establish that the authority’s decision to remove the children from them notwithstanding that they wished to adopt them was, by reference to public law principles, irrational, disproportionate or otherwise unlawful or was otherwise in breach of their rights, or those of the adopters or of those of the children under Art 8 of the European Convention on Human Rights. If the judge’s answer to question (a) was negative, he should refuse to grant the injunction. However, if his answer to the question was affirmative, he should proceed to address further questions which, without purporting to be prescriptive, might run along the following lines:

(b) whether the foster parents brought

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Gateley Legal—Jack Kelly

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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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
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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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