Adopting a purposive construction of the Convention on Civil Aspects of International Child Abduction (The Hague Convention) 1980. The court held that a Greek father had failed to show that an English mother’s removal of A, to the UK, had been wrongful in Greek law. She had been granted provisional and exclusive care of the child by the Greek court and was entitled to select a place of residence for the child outside the jurisdiction of the Greek court.
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Where a count under section 5 Firearms Act 1968 attracting sentence has been properly included on an indictment and there is no defence to it, a plea should be taken. That is because Parliament has identified s.5 for a minimum sentence under s.51A. It was not appropriate for counsel to invite the court to order that the count lie on the file and at the same time invite the court in some way to adopt the minimum sentence nonetheless.
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A father’s appeal against the finding he had caused injury to his son was dismissed. The CA held that while on the facts the judge had dealt inadequately with the medical evidence there was compelling evidence to support his conclusions.
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Breach of warranty. A time bar clause in an agreement, which required any claim to be notified in writing within a given time limit, should be interpreted according to the natural and ordinary meaning of the words. It was decided the word ‘claim’ did not require a further definition. In this case, the Court of Appeal held that any reasonable recipient of the notification letter would have understood it to be a claim for breach of warranty and no particulars had to be given of that claim.
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The Claimant obtained an injunction compelling the Defendant to grant an underlease to a major retailer. The failure to grant the underlease would amount to a breach of management obligations under the lease.
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In order to demonstrate the open nature of the family justice system Lord Justice Wall took the unusual step of reserving judgment and giving full written judgment in two cases where he refused leave to appeal to two appellant fathers acting in person in Children Act cases. After full explanation of his reasons for refusing leave in the individual cases he reiterated his earlier comments in Re O [2004] 1 FLR 1258 as to the importance the court attaches the contact and the need for parents to tak ...
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An appeal against Care Orders was allowed where the LA had removed children on the basis of third party allegations of physical abuse, which were not borne out, and subsequently sought to run the case on the basis of the parents’ low intelligence.
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While they had not followed the recommendations of 2:1 care set out in an expert report Lincolnshire CC had not been perverse or irrational, or otherwise unlawful, in setting a care plan for a 17-year-old suffering from a degenerative disease.
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Application for permission to appeal – CPR r.52.3(2). CPR r.52.3(2) and the relevant practice direction allowed a would-be appellant to apply to the lower court for permission to appeal at the hearing that the decision to be appealed was made or at a later date, if, on an application made at that hearing, the lower court adjourned the hearing in order to allow such application to be made later. Otherwise, the application had to be made to the appeal court.
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A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount to an alternative remedy such as to deny a claimant relief in judicial review proceedings.
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