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Bloomsburry Family law

Children

Re S (A Child) [2003] EWCA Civ 963

Human Rights - Children - Family - Criminal Procedure - Identification - Child’s welfare - Judge had not correctly expressed balancing exercise to be carried out between child’s right to privacy under European Convention on Human Rights, Art 8 and right to free speech in Art 10 of Convention - However judge had been correct not to restrain identification of child’s family in criminal proceedings where publicity would not impact on child’s upbringing and paramountcy of welfare principle in Children Act 1989, s 1(1) could not be invoked

End of the line?

Have the courts dismissed the possibility of using a human rights defence in possession proceedings, and if so, what can defendants do now? ask Adam Heppinstall and Annabel Walker

P v BW [2003] EWHC 1541 (Fam)

Human Rights - Declaration of incompatibility - Children - Residence order - Private hearings - Applications for declarations that Family Proceedings Rules 1991, r 4.16(7) and Children Act 1989, s 97(2) were incompatible with European Convention on Human Rights Art 6 - Applications dismissed - Child’s best interests lay in private hearing - Evidence and submissions in application for joint residence order to be heard in private

Ali Reza-Delta Transport Co Ltd v United Arab Shipping Co SAG [2003] EWCA Civ 811

Civil Procedure - Costs - Appeal - Part 36 offer - Successful appellant applied for costs of appeal on indemnity basis because increased award matched Part 36 offer in which appellant waived uplift interest worth US$12,000 - Waiver of uplift interest not to be taken into account in determining applicability of CPR r 36.21 - Appellant’s award matched Part 36 offer - Case not rare one in which court would exercise discretion to award indemnity costs under CPR r 44.3

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