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Family

14 August 2013
Issue: 7573 / Categories: Case law , Law digest , In Court
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Re MP (a child) (care proceedings: jurisdiction) [2013] EWHC 2062 (Fam), [2013] All ER (D) 75 (Aug)

The following principles applied with respect to Art 15 of Council Regulation 2201/2003: (i) the burden was upon the person applying to establish that a stay of the proceedings was appropriate; (ii) the applicant had to show, not only that England was not the natural or appropriate forum, but also that the other jurisdiction was clearly the more appropriate forum; (iii) in assessing the appropriateness of each forum, the court had to discern the forum with which the case had the more real and substantial connection in terms of convenience, expense and the availability of witnesses; (iv) if the court were to conclude that the other forum would be clearly more appropriate, it should grant a stay unless other more potent factors were to drive the opposite result; and (v) in the exercise to be conducted at (iv), the welfare of the child was an important, but not a paramount, consideration. The scope of the best interests enquiry did not involve

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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