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24 January 2014
Issue: 7591 / Categories: Case law , Law digest , In Court
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Family law

Re LC (Children) [2014] UKSC 1, [2014] All ER (D) 62 (Jan)

The courts might, in making a determination of habitual residence in relation to an adolescent child who had resided in a place under the care of one of her parents, have regard to her own state of mind during her period of residence there in relation to the nature and quality of that residence. It was settled law that the courts were required to search for some integration on the part of the child in a social and family environment in the suggested state of habitual residence. Where a child of any age went lawfully to reside with a parent in a state in which that parent was habitually resident, it would no doubt be highly unusual for that child not to acquire habitual residence there too. The same might be said of a situation in which, perhaps after living with a member of the wider family, a child went to reside there with both parents. However, in highly unusual cases there had to be room for a different conclusion and the requirement of some

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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