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Bloomsburry Family law


Re G (Children) [2003] EWCA Civ 1607

Conflict of Laws - Foreign contact order under 1980 European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children - Divorce granted in France - Access to children - Judge granted application by mother to move with children to UK - Judge granted variation of order on father's request - Father sought enforcement of French court order - French court order given ‘on the occasion of’ matrimonial proceedings relating to parental responsibility for children of both spouses within Council Regulation 1347/2000 - Regulation took precedence over 1980 European Convention - Present proceedings were nullity

R v East London and City Mental Health NHS Trust [2003] UKHL 58

Judicial Review - Human Rights - Mental Health Review Tribunal ordered appellant's discharge from hospital - Re-admission of appellant by first respondent on application of approved social worker - Approved social worker could not lawfully apply for admission of patient whose discharge had been ordered by decision of tribunal of which social worker was aware - Unless social worker had formed reasonable and bona fide opinion that he had information not known to tribunal that put significantly different complexion on case - Appellant failed to take medication - Approved social worker's decision to readmit him was reasonable - Mental Health Act 1983, ss 2, 3

R (G) v B London Borough; R (W) v Lambeth LB; R (A) v Lambeth LB [2003] UKHL 57

Judicial Review - Human Rights - Claimants contended that Children Act 1989, s 17 required local authority to assess needs of child who was in need and met his needs when they had been assessed - Section 17(1) imposed general and overriding duty to maintain level and range of services sufficient to enable local authority to discharge its function under Part III of 1989 Act