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10 January 2019
Issue: 7823 / Categories: Case law , Law digest , In Court
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Weekly law digests

Abduction

Re C (children) (abduction: physical or psychological harm) [2018] EWCA Civ 2834, [2019] All ER (D) 02 (Jan)

The appellant father was successful in his appeal against the judge’s decision to dismiss his application for the return of his two children to South Africa, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction 1980. The Court of Appeal, Civil Division, in allowing the appeal, held that the evidence had not supported the judge’s conclusions on which he had based his determination that Art 13(b) had been established, and the judge had failed to analyse the nature and degree of any risk based on the situation, as it would be for the children, in the future.

Child

Re A and B (children) [2018] EWHC 3491 (Fam), [2019] All ER (D) 01 (Jan)

The balance came down clearly and decisively against granting the applicant journalist permission to publish information about care proceedings brought by the respondent local authority in relation to two children. The Family Division also held that an injunction sought by the local authority preventing the journalist publishing or broadcasting

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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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