Law reports

The appellant failed in its challenge to the Child Sex Offender Disclosure Scheme Guidance (the Guidance), as amended in 2012, issued by the Secretary of State in exercise of her common law powers. In dismissing the appeal, the Supreme Court held, among other things that: (i) assessed by reference to the test in Gillick v v West Norfolk and Wisbech Area Health Authority[1985] 3 All ER 402, the Guidance (in the version in issue in…

If the parties’ children had been habitually resident in England and Wales when the English proceedings under the Children Act 1989 had commenced, Regulation (EC) No 2201/2003 (BIIa) (prior to the 2020 Withdrawal Agreement) applied to them, including the jurisdiction provisions, and art 13 of the 1996 Hague Convention did not apply. The Court of Appeal, Civil Division, in so ruling, held that art 61(a) of BIIa provided, without qualification, that BIIa ‘shall apply’ if…