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Bloomsburry Family law

Children

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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