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15 March 2024
Issue: 8063 / Categories: Case law , In Court , Law digest
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Law digests: 15 March 2024

Family

Re: R and Y (Children) [2024] EWCA Civ 131, [2024] All ER (D) 04 (Mar)

The Court of Appeal, Civil Division, allowed an appeal of the mother from a decision of a trial judge making an order for summary return of two children to the UAE. The parents married in the UK but lived and worked in the UAE. The children of the parents were born in the UAE. While the family were on holiday in the UK, the mother contacted the police and made a number of allegations against the father, including financial abuse, controlling and coercive behaviour, sexual assault and rape. The father was arrested and the family did not return to the UAE. The father started proceedings for an order under the High Court inherent jurisdiction, seeking the summary return of the children to the UAE. The order was made and the mother appealed. The findings made in a previous fact-finding judgment lay at the heart of the appeal. The judge made findings including findings of physical abuse of the mother and the children, psychological abuse and financial control

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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

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

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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