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Law digests: 13 October 2023

13 October 2023
Issue: 8044 / Categories: Case law , In Court , Law digest
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Abduction

Re D (a Child) (Abduction: Child’s Objections: Representation of Child Party) [2023] EWCA Civ 1047, [2023] All ER (D) 05 (Oct)

The Court of Appeal, Civil Division, ruled on various issues in relation to a child’s (D) appeal against the judge who found that D objected to being returned to Singapore but exercised his discretion by making a return order. D had acted through his solicitor during these proceedings, in which the solicitor was also appointed by the court as his guardian in the proceedings. The issues were whether: (i) the judge erred in his approach to the role of a solicitor who is also acting as guardian in proceedings under the Hague Convention of 25 October 1980 on Civil International Aspects of Child Abduction (the 1980 Hague Convention) and, as a result, wrongly attached no weight to the opinions of the solicitor; (ii) the judge erred in attaching little weight to the views of a Gillick-competent child on the basis that he had been exposed to the father’s undue influence;

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Freeths—Ruth Clare

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Farrer & Co—Claire Gordon

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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