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03 February 2017
Issue: 7732 / Categories: Case law , Law digest , In Court
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Family proceedings

Re A and others (Children) (Adoption) [2017] EWHC 35 (Fam), [2017] All ER (D) 55 (Jan)

The Family Division ruled on preliminary points raised in the context of applications for adoption, by prospective adoptive parents who lived in England, of Scottish children, in relation to each of whom a Scottish Sheriff had made a permanence order with authority to adopt, under ss 80 and 83 of the Adoption and Children (Scotland) Act 2007. Among other things, the court held that the English court had jurisdiction to make adoption orders in the context of the present case, that the English court should recognise the Scottish orders and that, applying settled law, and on the true construction of s 105 of the Adoption of Children Acts 2002, as amended, the English court did not need to obtain consent of the natural parent(s) before making an adoption order, under s 47 of the 2002 Act, because the natural parents no longer had parental responsibility in respect of the children in question.

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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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