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Channel: jurisdiction – Current Awareness
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Parents’ wish to treat child’s cancer with Chinese medicine overruled by...

‘JM (a child), Re [2015] EWHC 2832 (Fam), 7 October 2015. Mostyn J, ruling in the Family Division that a child should receive surgical treatment for bone cancer against the wishes of his parents, has...

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The Sun’s ‘cleavage week’ ads escape ban – The Guardian

‘A competition in the Sun inviting readers to submit a photo of their cleavage for the chance to win £1,000 has escaped a ban from the advertising watchdog.’ Full story The Guardian, 21st October 2015...

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“… this can no longer be tolerated”: a short guide to the correct use of...

‘Alex Laing, barrister of Coram Chambers, concludes his review of N (Children) (Adoption: Jurisdiction) by considering what the President said about section 20 agreements.’ Full story Family Law Week,...

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The dark face of our imperial past – UK Human Rights Blog

‘The Supreme Court has ruled that the United Kingdom was not obliged to hold a public inquiry into the shooting in December 1948 during the Malayan Emergency by British troops of 24 unarmed civilians...

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Resolving disputes over arbitration jurisdiction ‘good case management’ by...

‘By stepping in to resolve a dispute over the tribunal’s jurisdiction rather than leave the question to the tribunal, the English courts have in fact reinforced their commitment to support this form of...

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MoJ considers specialist courts for issues such as domestic abuse – The Guardian

‘The potential for developing more US-style specialist tribunals – including courts dedicated to tackling the surge in domestic abuse cases – is being examined by the Ministry of Justice (MoJ).’ Full...

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Estranged lesbian couple’s fight over child goes to supreme court – The Guardian

‘The question of whether a seven-year-old girl, caught up in an international dispute between her estranged lesbian mothers, should be subject to British justice is to be decided by the supreme court.’...

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Ruling means UK courts will not overturn decisions by domain name dispute...

‘A UK court ruling that it did not have the jurisdiction to hear and determine an appeal against a decision taken by domain name dispute resolution panel will be welcomed by brand owners, an expert has...

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Supreme Court: Failure to disclose evidence did not breach Art 6 – UK Human...

‘The Supreme Court has unanimously dismissed an appeal against a decision of Scotland’s High Court of Justiciary (available here) in which it refused to overturn a criminal conviction on the basis that...

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Government of the United States of America v Giese – WLR Daily

Government of the United States of America v Giese [2015] EWHC 3658 (Admin); [2015] WLR (D) 550 ‘An issue raised on appeal “that was not raised at the extradition hearing” referred to a new issue that...

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Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538 ‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising...

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Finance and Divorce Update January 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’ Full story...

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Re N – Transfer of proceedings – When to make an application under Article 15...

‘Dawn Tighe considers the recent case of Re N Court of Appeal EWCA Civ 112 2015, determined by the Court of Appeal on 2nd November 2015 with regard to Article 15 applications.’ Full story Park Square...

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Part III and the Maintenance Regulation: Clash of the Titans – Family Law Week

‘Charles Hale QC and Henry Clayton, both of 4 Paper Buildings, outline the debate which the Court of Appeal declined to resolve in the recent case of Ramadani v Ramadani [2015] EWCA Civ 1138.’ Full...

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Early guilty pleas: Justice for whom? – UK Human Rights Blog

‘New guidelines incentivising people accused of criminal offences in England and Wales to plead guilty as early as possible were proposed last week. While existing rules allow for a maximum one-third...

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In the Matter of B (A Child): Habitual Residence and the Child-Centric...

‘Habitual residence lies at the heart of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the 1980 Hague Convention”), and is the cornerstone of jurisdiction in...

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Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament,...

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In the matter of B (A child) – Supreme Court

In the matter of B (A child) [2016] UKSC 4 (YouTube) Supreme Court, 3rd February 2016 Source: www.youtube.com/user/UKSupremeCourt

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Children: Public Law Update (February 2016) – Family Law Week

‘John Tughan QC of 4 Paper Buildings analyses recent significant judgments in public children law.’ Full story Family Law Week, 22nd February 2016 Source: www.familylawweek.co.uk

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In re JL and AO (Babies Relinquished for Adoption) – WLR Daily

In re JL and AO (Babies Relinquished for Adoption): [2016] EWHC 440 (Fam) ‘In two cases babies, JL and AO, were born in England to mothers from Eastern Europe but relinquished at birth for adoption. In...

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