June 2016 #157 – Law Journals

Jurisdiction: Determining forum

Emily Watson considers a recent decision on jurisdiction between EU member states involving issues of lis pendens ‘The wife’s argument was that the relevant issue in the English proceedings was which court was seised under Art 16, Brussels II bis, as opposed to lis pendens (pending suit) under Art 19.’ The decision of Moylan J …

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Arbitration: Seeking finality

Suzanne Kingston and Natalie O’Shea highlight the new children arbitration scheme and analyse the impact of the post-arbitration decision in DB v DLJ ‘Under the children arbitration scheme, disputes concerning the exercise of parental responsibility and other private law issues connected to the welfare of children may be resolved.’ The children arbitration scheme, approved by …

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Immigration: No place like home

In the first of a two-part consideration, Katherine Illsley and Agata Patyna report on the rights of unaccompanied children seeking asylum within the immigration and family law process ‘Asylum applications are within the scope of legal aid. There is no alternative to the asylum process for unaccompanied children seeking protection within this jurisdiction.’ The initial …

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Forced Marriage: Protect and prevent

In the conclusion to a two-part analysis on forced and child marriage, Shabina Begum sets out the position in England and Wales and the potential for change ‘There is now an added burden where Muslim communities, including the Bangladeshi community, feel targeted by the authorities and are less likely to come forward to ask for …

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Service: Forward thinking

Joanne Hall looks at service outside the jurisdiction and the impact of the digital age ‘If it could be shown that a respondent did not receive an e-mail then it would be unfair to presume service, but the majority of people, of all generations, are now actively engaged in technology.’Technology undoubtedly reigns supreme in our …

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Relocation: Same difference

Amy Harris examines the factors that will be considered by the courts on an application for the internal relocation of a child ‘Ultimately a decision on either internal or external relocation should solely be based on what is in a child’s best interests.’The Court of Appeal’s decision in Re C (Internal Relocation) [2015] is essential …

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Non-Disclosure: The Watergate effect

Max Lewis reflects on the impact of Sharland and Gohil and outlines the key points applied by the court in AB v CD ‘Inferences can be drawn from a failure to properly answer questions about post-order transactions that are adverse to what that party said about the position at the time of the order.’ It …

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